You guys will not believe this!
#31
12-12-2010, 04:11 PM
Sean, I can't remember who it is but do seem to remember your mechanic as being one of the "good guys." Couple things I'd consider in addition to what everyone else has told you:
- if you do not hire an attorney now, [I would] do not answer any questions whatsoever with the insurance company over the phone or in any "immediate" way.
-have your mechanic pull every record of him touching her car. Hopefully he was nowhere near the water pump.
-if above is true, have mechanic consider going after insurance company for defamation....reputations are evreything in his business
-call the television station and have them do a piece on the ********.
I hate, and I mean passionately hate, crap like this.
- if you do not hire an attorney now, [I would] do not answer any questions whatsoever with the insurance company over the phone or in any "immediate" way.
-have your mechanic pull every record of him touching her car. Hopefully he was nowhere near the water pump.
-if above is true, have mechanic consider going after insurance company for defamation....reputations are evreything in his business
-call the television station and have them do a piece on the ********.
I hate, and I mean passionately hate, crap like this.
#32
12-12-2010, 08:02 PM
Registered User
That works both ways tho. If the damage had been more you definitely would have wanted to get the higher amount, which is what they would have paid. I know what you mean tho. Sorry to be a devils advocate here, but just sayin'.
Edit: However, $12K is more than half of $21K. I was under the impression that it's 50% or more and it's totalled?
Edit: However, $12K is more than half of $21K. I was under the impression that it's 50% or more and it's totalled?
#33
12-12-2010, 11:43 PM
Speak with a lawyer. Have them draft a demand letter on their firms letterhead on your behalf. Also, make sure to have your lawyer include the bad faith clause along with a time line. I think you'll see positive movement from your insurance company shortly thereafter.
#34
12-13-2010, 09:34 AM
Hey Buddy,
This is really turning into a S#!t situation. I'm sorry you have to go through this. When an insurance compant decides to really dig it's heals in, it can really make life a PITA.
I would say that you have a pretty strong "Bad Faith" claim here. Remember, if the company is alleging that the mechanic caused the damage, they will have to prove that somehow. Not beyond a reasonable doubt, but by perponderance of the evidence. Basically, your case for the accident causing the damage needs to just outweight the company's case that your mechanic caused the damage. This would be decided in arbitration by a local arbitrator or Judge.
My quick advice would be to not write any letters or anything else here until you speak with a good insurance lawyer. Usually I don't recommend taking the lawyer route, but in your case, I think you're at that point.
Something to keep in mind, if you go after your company for bad faith, you will be sueing for the complete reairs of the vehicle and there will also be monitary damages tha you can recover for your company acting in 'Bad Faith". There is no monitary limit on what this value can be. You're lawyer will have a better idea about what to ask for.
But, like I said, I would hold off on doing anything further with your company such as writing letters until you talk with legal counsel.
Let me know if you have any other specific questions about he process or what to watch out for.
Get all of your evidence together for your case and prepare for a fight.
Good Luck,
Matt
This is really turning into a S#!t situation. I'm sorry you have to go through this. When an insurance compant decides to really dig it's heals in, it can really make life a PITA.
I would say that you have a pretty strong "Bad Faith" claim here. Remember, if the company is alleging that the mechanic caused the damage, they will have to prove that somehow. Not beyond a reasonable doubt, but by perponderance of the evidence. Basically, your case for the accident causing the damage needs to just outweight the company's case that your mechanic caused the damage. This would be decided in arbitration by a local arbitrator or Judge.
My quick advice would be to not write any letters or anything else here until you speak with a good insurance lawyer. Usually I don't recommend taking the lawyer route, but in your case, I think you're at that point.
Something to keep in mind, if you go after your company for bad faith, you will be sueing for the complete reairs of the vehicle and there will also be monitary damages tha you can recover for your company acting in 'Bad Faith". There is no monitary limit on what this value can be. You're lawyer will have a better idea about what to ask for.
But, like I said, I would hold off on doing anything further with your company such as writing letters until you talk with legal counsel.
Let me know if you have any other specific questions about he process or what to watch out for.
Get all of your evidence together for your case and prepare for a fight.
Good Luck,
Matt
Last edited by ColoradoSilver; 12-13-2010 at 09:38 AM.
#35
12-15-2010, 08:23 AM
Registered User
http://www.tdi.state.tx.us/consumer/complfrm.html You have probably been here already, but from my experience, involving the State insurance commisioner's office helps.
No comment about Christian, but you were not whining. Anyone that thinks so is a sociopath.
No comment about Christian, but you were not whining. Anyone that thinks so is a sociopath.
#36
12-15-2010, 10:31 AM
Join Date: Nov 2006
Location: Texas
Posts: 8,083
Rep Power: 671 
Thanks for all the positive comments. I am going to put my faith in our attorney and hope for the best.
Someone else negged me but was not man enough to leave his name.
Someone else negged me but was not man enough to leave his name.
Last edited by Dr_jitsu; 12-15-2010 at 10:35 AM.
#38
12-15-2010, 03:02 PM
really, really disturbing
Hopefully the insurance company steps up and comes to its senses and does what you pay for it to do;( Hope the wife gets better- that's the most important thing.
Hopefully the insurance company steps up and comes to its senses and does what you pay for it to do;( Hope the wife gets better- that's the most important thing.
#39
12-15-2010, 03:39 PM
Basic Sponsor
WOW I CANT BELIEVE THIS...
hope it works out for you Sean...
hope it works out for you Sean...
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#40
12-17-2010, 11:54 AM
I would start by writing a letter to your local Department of Commerce (Who regulate Insurance company practices) and file a "Bad Faith Claim" against them. I have gone this route in the past and have prevailed every time.
Don't spend money on lawyers yet. You may be able to get this sorted out with a simple letter and some pressure on your insurance agent.
If you have not been already, you should be looking for different insurance to switch to, immediately after you get what you want out of them.
An inexperienced adjuster can make mistakes when writing their estimate, but to make claims and accusations like that without proof, is inexcusable.
Keep pushing and use/push your insurance agent as much as possible.
The squeeky wheel gets the grease, trust me.
Don't spend money on lawyers yet. You may be able to get this sorted out with a simple letter and some pressure on your insurance agent.
If you have not been already, you should be looking for different insurance to switch to, immediately after you get what you want out of them.
An inexperienced adjuster can make mistakes when writing their estimate, but to make claims and accusations like that without proof, is inexcusable.
Keep pushing and use/push your insurance agent as much as possible.
The squeeky wheel gets the grease, trust me.
+1 and can't stress that enough. Dept of Commerce of Dept of Insurance (Depends on your state) will bring the hammer down on Amica if they find a reason to and will cost Amica BIG $$$ to pull something like this. Insurance companies knows this.
#42
12-17-2010, 01:39 PM
Who ever it was, prolly works for ScAmica. Good luck Sean. This sounds like a disaster..
#43
12-17-2010, 06:34 PM
70%? That seems incorrect to me. When I wrecked my BMW I was hoping it would be totalled, but the insurance company told me it would need to exceed 30%, not 70%. Maybe they were wrong, but 70% seems way high.
#44
12-17-2010, 06:59 PM
$60,000 car gets in an accident. Damage equals $18,000+, so by your math the insurance company totals the vehicle instead and pays the owner $60,000.
Why would the company pay $60k to replace instead of $18k to repair? Doesn't make sense.
They will pay $60k to replace instead of $50k to repair, because cost overruns and subsequent issues could arise driving the cost over $60k anyway.
#45
12-17-2010, 07:14 PM
Registered User
Sounds like the adjuster left the shop "bitter" if you know what I mean.....
1. I hate Allstate with passion.
2. Wtf is Amica?
3. Get a good attorney. Insurance companies know that when they play hardball the cost goes up 3 fold if they loose and you get an attorney.
1. I hate Allstate with passion.
2. Wtf is Amica?
3. Get a good attorney. Insurance companies know that when they play hardball the cost goes up 3 fold if they loose and you get an attorney.