Joined: 04 Jan 2004
Location: Montgomery, PA
|Posted: Mon Mar 08, 2004 3:03 pm Post subject: House and Car Fire
|From: Patty Van Fleet
Sent: Sunday, March 07, 2004 11:11 AM
Subject: [insurance_claim_help] House Fire - totals my auto as well..
Hello to all,
I recently had a house fire that was caused by a short in the wiring
of the laundry room light. Area, I never explored. I bought the
house in 9/04 as a fixer upper. We had put $12,000. into repairs
(redid hard wood floors, upgraded the plumbing -furnace, aire, water
heater, jacuzzi tub, paint, pain, paint). None of our repairs were
in the laundry room)
Anyway, the fire took out our garage (auto was inside), dining,
living, laundry rooms and part of the kitchen. Rest of course is
I, so far have had a good relationship iwth the staff on my house.
The auto adjusters well...are BAD people! Nasty, rude, verbally
abusive, totally non-responsive. They accepted teh auto claim, but
wouldn't investigate, then wouldn't pay. Yes, I didn't have GAP
insurance! Bad, Bad, I know. I bought the car in 2002 and didn't
realize that when I went to my insurance agent and said that I
wanted complete coverage of the car, I didn't get that. Nor did he
ever mention (and has admitted this) the need for GAP insurance. The
dealer did have it on their form but did not explain nor encourage
it's purchase (this too ahs been admitted to me) Any way, the
adjuster had the rental co tell me my rental car was cancelled at
5:10pm on my 20th day of use (all my policy covered). My complaint
is that I only spoke with this adjuster on the car one time when he
told me to be patient, it takes time, he was there for me, etc. He
never returned my calls. When I did reach him, he tells me he had
been out looking at cars like mine. He gave me a low ball offer to
settle the claim, no where near the price of cars I had found. I
aksed him for the name of the dealers where he found the cars. He
gives them to me--one is no longer in business! How can he go look
at a car at a dealership that doesn't exist? I explain that based on
his offer, I can't get another car. He says he's sorry I was "too
stupid not to buy GAP insurance". That's not his fault"
I make a settlement offer based on cars I find. I send him the info.
He'll call me right back. He doesn't. I speak with his supervisor.
He tells me that the adj. couldn't make an offer of settlement as
there is absolutely no info. in my file and the adj. would have had
to speak wtih him personally to get approval for the settlement
offer. He has never spoken with the adj. on my claim! He then makes
the same offer the adjuster did. I come back wtih mine. He tells
me "you have already cost the insurance company too much money and
you aren't getting another dime!"
What are my rights on this claim? (the adj. told me I have none)
What is the process that should be followed here? (I never did a
statement, have gotten no paperwork, not even a business card --
totally different than the staff on my house claim)
Can I subrogate against my house claim to recoup the money I still
owe on my auto loan? (I understand the carrier is)
As the carrier never investigated my claim prior to the 20 day
expiration on my rental coverage, do they not owe a portion of
How does a property loss (house) claim work in conjunction with an
auto claim? Or do they?
Sorry for so many questions, I just don't know what I am to do here.
Many property policies require filing a Proof of Loss within 60 days
after the loss. A Proof of Loss filing is a claim filing.
Often times the Proof of Loss is prepared by the insurance company and
it reflects an agreed amount of loss and claim. However, it can also be
filed to represent the amount of your "claim" that does not agree with
the insurance company.
You should be aware that some property policies have had the word
"claim" removed and filing a Proof of Loss is no longer an option. Please see
http://www.disasterprepared.net/postmortem.html Also, some policies no
longer offer "Appraisal," a form of arbitration, as a means to resolve
disputes. Please see http://www.disasterprepared.net/addresspage10.html
The above information applies to home, business, automobile, boat
property, etc. As to your automobile claim:
My house adjuster did give me this form. With it was the statement that he might have me fill it out in the future and I should just hang on to it. He then adds, that probably not, but just in case. Keep it. I tried to give it back, asking he just email me a copy at work when and if I needed it. But he insisted that I keep it�just in case. It this another ploy? Should I fill it out and mail in it on my house and auto claim both?
It is your claim to file...either as an agreed amount or as an amount of claim that disagrees with the insurance company. The Proof of Loss form (claim) is yours to file either way. However, normally it must be filed within 60 days of the loss or get a written extension of time to file. Only after you calculate your claim will you know if it agrees or disagrees with the insurance company opinion of your loss. A separate Proof of Loss form is required for each claim.
With your permission I would like to post your claim situation on our Disaster Prepared/Aftermath Forum
Please keep in touch and let me know how things develop.
Please do forward to the Disaster Prepared/Aftermath Forum.