My shadey insurance company, need advice.

[cstreit]

I was Driving the '82 930 back from the Alma Mater this weekend, doing 65 of course, in the left lane of the interstate. The car in front of me kicked up a tire tread which I managed to (ALMOST) avoid.

It broke the right half of my slatnose spoiler (several large cracks), pushed out the front fender a bit, demolished the fog light, and left black streaks on the paint, BIG ones...

SO I call the insurance company, Nationwide, and they claim that since I hit the tread, it's my fault and if they pay, it will require a charge on my policy!!!

Now I've been a policy holder with them continuosly for 17 years, all my cars and other insurance...

Is this right? Can I sue the state for debris on the road?

Any help and advice would be appreciated...

[724doorE]

Chris, sorry to hear that, that sucks! And sounds like your ins. sucks too. At least it didn't cause you to go off in a cloud of dust!

I am afraid all ins. companies are getting that way. You remember when my wifes car got totaled right before our P-fest, my ins paid out within a week, but the ass who hit me had allstate and they are fighting state farm eventhough the guy who hit me got the ticket, and told the police he ran the red light. Go figure. You may have to become a f-glass expert. Weren't you talking about getting your rockers resprayed anyway.

To bad you didn't have the digital camera with to take a pic of the tire carcas.

Good luck!

[gaijinda]

Could you change insurance companies, then put in the claim?

BTW: Do you have an "agreed value" policy on your 930?? In case of a total loss, they may think it worth a lot let than you do..

[ginpunk]

If you have had the same agent for those 17 years, I would contact him/her. Typically, the agent can influence the company especially if he/she is a high volume writer!

[jlex]

I think he's wrong. Wasn't your fault there was unavoidable debris in the road. I think it should be covered under your comprehensive section... the same coverage that protects you from rocks that crack your windshield or deer that run out in front of your car. To say the tire in the road was your fault is nonsense. Talk to his supervisor for a better explanation of what's going on here. May be a case of an out of control adjustor trying to meet his monthly loss goal by shaking you down with a story about fault being a factor. BS.
I'm dealing with another fruitcake adjustor from Nationwide on a DIM claim. The jerk goes out and hires what he claims to be an "independent appraiser" to establish my car's value 2 years ago wnen I had a slight fender bender. He didn't tell the appraiser the accident happened just two months after I bought the car in an arms-length transaction & what I paid for it. Of course the so called "independent appraiser" (who probably derives 95% of his income from insurance company jobs) comes back with an appraisal showing value at $11,000 less than what I paid on the open market for it two months earlier! Of course, my appraisal which they demanded even be notarized was just thrown in the garbage can & they didn't give it a second thought.
Sorry to have to vent like this, but my impression is that my Nationwide adjustor is somewhat unscrupulous, and you're probably experiencing the same thing.
I'll sue the other driver in court and make their appraiser look like a damn monkey on the stand if that's what they want to do. Total cheats is my impression per my own personal dealings with Nationwide.
Also, holler loud and long at your agent & threaten to pull your policy... he may have something to say to this gorilla adjustor they've let loose on you.
Forget about suing the highway dept: probably have governmental immunity.
regards,
jlex.

[JavaBrewer]

Sorry to hear of your difficulties. This an all to common thread these days. My advice to you is that once you wrap up this mess drop the company and go with a big name. I've been with State Farm for nearly 25 years and they are worth every cent of the extra $100/yr (seriously its not that much) I pay over the fly-by-night companies. Every issue I have ever had was immediately and COMPLETELY taken care of with no increase to my premium. Get to know your agent and it will pay off for you in the long run.

Good luck.

[Superman]

Some of you know me as The Board's proud, at times perhaps outspoken, liberal. I'll validate that reputation with the following remark. I consider the insurance industry to be a caricature of what's wrong with our 'survival of the fittest' social order. First, you have to spend money to get 'security.' Second, the firms you have to pay are some of the richest on the planet. Some of you would faint if you understood that industry better.

Some states have agencies, commissions, whatever, that regulate insurance industry behavior there. In Washington State we have an Insurance Commissioner. In my entire life I have submitted just one claim, for under $300. I have paid a breathtaking total of premiums (I'm 44). If I ever have a problem with a claim, I will take the gloves off and go bare knuckes with the insurance company. I don't like them.

[cstreit]

Well apparently the difference is that if the re-tread was lying on the ground, it's my fault, but since the car in front kicked it in teh air, it's not... But it's taking hours to work through the phone maze...

Everyone at the company tells me different things...

[JavaBrewer]

Try getting a refund from your HMO for service you had to pay out of pocket when their computer messed up. 6 Months of battling over $400...its about principal at this point! I doubt I will ever see that money. Spoken with nearly 20 people and have heard everything from the check is in the mail to case was denied and permanently closed.

[rstoll]

Here's another insurance story for you. My 13 year old was hit by a car in front of our house about 2 weeks ago. Riding in his lane, double striped (no passing zone) road. Honda civic runs over him from behind. Throws him up on the hood. He had minimal road rash and a couple of bruises. I filed a police report with the city and since he wasn't really hurt, Didnt have him transported. He is fine. The perps insurance company called me last week wanting me to file his client's car damage on my homeowners policy.

[cstreit]

Well and the real pisser is that the adjuster makes the determination, even if it dis-agrees with the underwriters...

But you can't TALK to an adjuster unless you file a claim, then it's too late. So you don't find out if it's chargeable untill you file a claim... (unless you start persusing the phone books and internet to find the adjusters number) "HOW did you get my number?" he asks

Then again, if I claim it, then switch ins. companies, the new one probably would not know... Would they???

But one way or the other they WILL pay... Either the claim or letters and phone calls from one aggravated client... If anything I'll take the $1000 in a pound of flesh.

[87911jon]

Some drunken fool jumped on the hood of my '87 coupe and turned it into a lounge chair. Nationwide Insurance couldn't have been nicer. New factory hood, decals, paint etc.

[Bob W.]

Let me tell you my story with my insurance company. About a year ago, while at a red light, I got rear ended by a dump truck.
The police report says I was not at fault and recommended the truck be cited for speeding. After reporting my clam to my insurance company they determined that my '81 930 (that I just had rebuilt the engine and transmission) was worth $11,000 and the repaires were $14,000. They wanted to impound the car from the shop and wanted me to send them the pink slip. I took the next day off of work, got the car home and got a lawyer. I talked to the insurance company and told them that I thought the car was worth around a resonable $25,000 and that the cost of repaires according to the body shop(not their insurance adjuster) was closer to $4,000 to $6,000. From then on, as the lawyer instructed, I just told them I had representation. Then I gave the lawyer all the receipts for parts and labor for the rebuild and any improvements that i had done(auxillary oil cooler, stereo etc) and Bruce Andersons current market report. It took a while(6 mos.) but the final settlement was: $25,000 they take the car $21,000 and I keep the car. The lawyer cost $800, but well worth it. I don't have a salvage title and I have enough to fix the car my self.

Bob W.

[Wayne 962]

The moral of this story is to drive defensively, and assume that everyone is an idiot, and WILL hit you...

-Wayne

[Kurt B]

I consider the insurance industry to be a caricature of what's wrong with our 'survival of the fittest' social order.

Actually, liberalism sets just as comfortably under the 'survivial of the fittest' header as direct competition does because liberalism is but another infectious philosophy looking for hosts. It just happens to appeal to the sugar and spice and everything nice aspect of human nature.

Any meme which asserts its existence and attempts to sway masses is engaging wholly in the 'survival of the fittest' campaign because it is looking for hosts.

The only difference is, I'm willing openly compete with my adversaries rather than set them down for tea and supper.

That's right. You can either play chess for fun and help your opponents and make them feel better about themselves, or you can gloat and rub your win in until they log off.

[Jdub]

As GinPunk has said you need to get with your agent and discuss. It REALLY helps to have pictures in these matters, even if it is a longshot of the car, the debris, and your unsmiling face.

Fight them. They do bad things to good people all of the time. They are trying to do something bad to you to retain their bottom line. That you have paid all these years means nothing. You cannot shame them, so you must Go Legal on their sorry butts.

Keep all receipts and hire a lawyer (a good one who might be in the PCA). Go get 'em.

John, living vicariously...

[Superman]

Kurt, I know you to be a thinking person, so I know it's only a matter of time.....

[cegerer]

"Some of you would faint if you understood that industry better. "

95% of my clients are insurance companies. Name the company, we probably do work for them. We investigate structural failures in buildings. If the general public knew of the level of FRAUD by policy holders, you might have a very different view of the insurance industry. At least 3/4 of our investigations involve some level of fraud by the insured.

The largest misconception regarding insurance is that it is some type of investment. Rarely do we go on an assignment where we don't hear the phrase, "I've been paying my premiums for 25 years and have never had a claim and .........". Sorry kids, doesn't matter. Insurance is not a money market fund or 401K plan. Insurance is legalized gambling. Your policy spells out the bet.

The insurance company is the casino. You are the schluck gambler. Your premium is the token. Your policy period is the time it takes for the roulette wheel to stop. The casino believes the odds are in their favor (most people never have a car accident or have a house burn down), so they allow you to play the game for a token. The gambler believes he can beat the odds (he believes his house might burn down or his car might crash and the insurance company will have to pay off big!). So he inserts the token. But once the wheel stops spinning, the game (policy period) is over. You need to put another token in to play again. You can play 15 times in a row - the casino doesn't really care and they won't give you the jackpot out of sympathy.

Just a simplified perspective from someone who deals with insurance fraud every single day. -- Curt

P.S.: Your insurance agent is the "travel agent who books your trips to Vegas". He makes money every time you go. He's your only hope. -- Curt

[Rick Lee]

I would file a claim or complaint with your state's DoT. I think here in VA and even in the People's Republic of DC their DoT will cover damage to your car from potholes, roadhazards, etc.

A few years back an Arlington Co. garbage truck smacked into my SAAB in a dark parking lot while I was in the store. Thank God a cop saw it happen and waited for me to come back to the car to give me the news. County was self-insured and it took about a month to get paid.