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Auto Insurance Claims/4th Glass Claim (Vandalism); Waived Deductible?

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Expert: webfoot - 7/11/2006


Question
Hello,

Please advise whether an insurer can consider requests to waive deductibles on a case-by-case basis, or whether it must apply a blanket policy in this regard.  I happen to live near a champion rock thrower (or someone otherwise intent on smashing the rear-door quarter window of my Toyota Corolla.)  The window has been smashed four times between April 29, 2006 and July 6, 2006 (property was stolen during the first incident, but not since).  I have comprehensive coverage which carries a $100 deductible.  When I called to report the fourth incident, I requested that the deductible be waived (just to see what would happen).  The insurance representative I spoke with said that it would be illegal for the insurer to waive my deductible because a future claimant for whom they denied a waiver request could sue them. Just wanted your thoughts on the insurer's response.  Do people even request deductible waivers?  (I'm also considering lowering the deductible to $50 as I brace for the increase of my premium.) Thank you in advance.

Answer
What they've told you is pretty much correct.  If they waive deductible without specific cause and another person were to have the same request refused, it would be perfect grounds for a future lawsuit, especially if the other party were of a "protected" class.

What we have done occasionally is to waive deductibles in cases where the customer is owed something for customer service reasons.  This would include extended delays in adjusting the claim or other matters where we could have handled something better.  We can then justify the waiver of deductible for legitimate business reasons.  

In your case, lowering the deductible might be an option, but at this point, I'd be investing in a motion sensor camera with night vision along with a baseball bat!  

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Auto damage, liability, insurance fraud. I am a full time auto insurance adjuster with experience in collision, theft, liability and fraud investigation. I am also an ASE Master Auto Tech and I-Car Collision Platinum certified. My experience includes 15 years in the auto repair industry, a B.S. in Criminal Justice, Law enforcement and auto insurance. ****** NO "PRIVATE" QUESTIONS WILL BE ANSWERED. I HAVE FOUND THAT NEARLY ALL PRIVATE QUESTIONS COME FROM PEOPLE WHO ARE CONSIDERING OR ATTEMPTING TO COMMIT FELONY INSURANCE FRAUD AND I'M NOT HERE TO HELP YOU! ****** I AM HERE TO ANSWER AUTOMOTIVE REPAIR, CLAIMS PROCESS AND SOME SIMPLE LIABILITY QUESTIONS. I CANNOT ADDRESS COMPLEX LIABILITY SCENARIOS WITHOUT HAVING ALL OF THE INFO FROM BOTH SIDES IN FRONT OF ME. QUESTIONS ABOUT PREMIUMS OR HOW INSURANCE IS RATED SHOULD BE ADDRESSED TO YOUR PERSONAL INSURANCE AGENT WHO KNOWS A WHOLE LOT MORE ABOUT YOUR HISTORY THAN I DO. I'VE NEVER SOLD INSURANCE AND DO NOT KNOW IF YOUR INDIVIDUAL INSURANCE RATES WILL GO UP IF YOU MAKE A CLAIM. THOUGH I'VE HANDLED SOME VERY MINOR SOFT TISSUE INJURY SETTLEMENTS, I PREFER NOT TO ANSWER INJURY RELATED QUESTIONS. I'M NO INJURY EXPERT AND I'LL LIKELY SAY SOMETHING TO HURT SOMEONE'S FEELINGS AS I BELIEVE THAT MANY SOFT TISSUE PAIN AND SUFFERING CLAIMS ARE OVER DRAMATIZED. UNLIKE MANY OTHERS, I AM ON THIS FORUM AS A VOLUNTEER WITH NO PRODUCTS OR SERVICES TO SELL AND PROMISE AN UPFRONT ANSWER BASED ON MY EXPERIENCE IN BOTH SIDES OF THE INDUSTRY. IF YOU PROVIDE ME WITH A HONEST VERSION OF EVENTS, I PROMISE A CANDID AND HONEST ANSWER IN RETURN. I CANNOT ADDRESS ALL CLAIM SCENERIOS DUE TO DIFFERING STATE LAWS AND REGULATIONS, BUT WILL DO MY BEST. PLEASE REMEMBER THAT AN HONEST ANSWER MAY BE ONE THAT YOU DON'T LIKE SO IF THAT IS GOING TO BE A PROBLEM, PLEASE DON'T ASK THE QUESTION. LASTLY, I DO NOT ACCEPT RATINGS AS I DON'T DO THIS FOR RATINGS AND WISH TO SPEAK FREELY.

Experience

20 years in automotive industry, Currently in insurance claims, worked actively as technician and shop owner until about 10 years ago. Current ASE Master Auto Tech and I-Car Platinum Collision Certifications, B.S. Criminal Justice and 10 year auto insurance/extended warranty background

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