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Additional Details
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im_a_goofy_chick | Car Insurance ripping us off? |
My fiance and I owned a 05 Scion Tc and it had only 14,000 miles on it. for some reason we were driving and the car stalled he tried to restart the next thing we know there were fire shooting from the bottom of the car. this incident happened on 9/23/06 and ever since we havent heard anything from them. we did speak to them the next Monday after the incident and they requested all the information from us and they sent someone to take pics of the car and left it at that. then later on they towed the car and dumped it;...I called today to follow up and they said they sent letters to us through certified mail and to our knowledge we never received them. It's ridiculous if we received the letters we would have given them all the info. b/c we still have to pay on the car..we asked them for proof of it they said they already closed the case they do not have the information anymore... what should we do?
Additional Details
the firefighters said this is electrical... We have paid toyota monthly for this car since.. we still have to pay until the insurance co. settle. but obviously they told us this BS. i dont understand |
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Faye H
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What was the cause of the fire?
Your vehicle insurance does not cover mechanical defects and this sounds mechanical.
Since this vehicle was only one year old, wouldn't it have still been under warranty from the Manufacturer?
I think you're looking to the wrong party for payment. I'm guessing those certified letters were probably denying your claim if it was mechanical rather than a covered claim.
As for them no longer having the file, that's absurd. Insurance companies keep files for years. It's sitting in the closed drawer somewhere. Besides, how would they know they had sent certified letters if they didn't have the file anymore.
However, you need to contact the manufacturer and find out about warranty coverage.
Additional note - If the fire was electrical, why haven't you called Toyota? this is a one year old vehicle at the time of the incident. Doesn't Toyota have a warranty?
Second additional note: Where is this car now? I don't think it's up to your insurance company to contact Toyota. Toyota should have been contacted last September when this happened. If there is no coverage on your Auto Insurance because it was caused by a mechanical defect, then the insurance has probably done all they can. However, they have the records of their investigation and how they came to that conclusion some place. You're going to need those for Toyota.
Call the Insurance back and ask them to fax you copies of their reports. Call Toyota and make arrangements to get the car towed to Toyota and get them copies of the insurance reports.
I hate to go against the grain here since everyone else seems to be telling you to complain to the Insurance Commission but I'm just not seeing this as an insurance issue so I don't see that it will do you any good. I'm just amazed that this car has been sitting there for 5 months though with nothing being done. I would have been on the phone the next day to Toyota. A vehicle doesn't just spontaneously combust. Something caused that. |
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Crighton
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First and foremost skip the claims handler you're already talking to and move up one notch on the ladder and speak with his/her supervisor.
Also contact you're actually agent (unless you're only contact has been online or your company doesn't have a physical pressense in your state, e.g Geico, ESurance, etc). If you have an agent exsplain whats happened and solicit advice and lodge complaints, try to get the agent to pester the claims people as well (sometimes agents have friends and can expedite the claims process).
This is also something where you call frequently, several times per week until the issue is resolved (don't wait several weeks or months inbetween times of contact).
What will be helpfull would be to find out what they've actually done beyond what you have currently listed, have they made payments to the Lienholder? etc.
It sounds like you should have coverage under Comprehensive (a.k.a. Other Than Collision or OTC) which basically covers, fire, theft, acts of God, etc. So the company should be paying something minus the deductible.
Also, contact your dealer or find the original paperwork for the vehicle, chances are the dealer snuck in a coverage called GAP insurance which means if the cars totaled the insurance pays what it pays then the GAP coverage takes up the slack to finish off the loan ammount. This is something which can also be added to most regular insurance policies.
And if it's not on your policy you need to ask your agent why the @#$% not.
~good luck~ |
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mamatohaley+1
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There is more to this story. |
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Outside the box
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Call your state insurance dept and tell them this story, ask them what can be done. Tell them you want to file a complaint against your ins co. They should tell you to either contact the DA for criminal charges (against the ones that got the money) or might need a lawyer to sue the ins co. But make sure your bf didnt sign for the certified letters. Also check to see if any recalls regarding the car where in effect regarding electrical problems. |
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fighting saints
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I can't believe this has gone on this long. What were you waiting for?
I will assume your primary goal is to get the claim paid. I will also assume since the company sent out an appraiser that there is valid coverage for the loss.
I would not go to the Insurance Commissioner first. That will likely delay matters. If you want to file a complaint get the money paid.
As a previous poster has pointed out, skip the adjuster and call and talk to a claim manager direct. Be polite but assertive. Find out what if any info they claim they need to settle the claim. Then if it has not already been sent send it ASAP. Many claims like this are due to a manufacturer defect in the vehicle. Make sure you ask the manager about any possible subrogation (reimbursement) claim against the car manufacturer.
In the meantime, do research about the value so you know what the car was worth at the time of the loss. That will help you save time also.
My guess is that the adjuster who told you that the file was closed and gone is an idiot. Insurance companies are required to keep files for at least 6 years in most states.
Good Luck |
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nkc72
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I agree with some of the others above, there are a lot of details that we don't know, so it is hard to give you a specific answer.
I would contact the insurance claims manager and first verify that they have your correct address and phone number. You have to make a good faith effort in conjunction with the insurance company to get the claim resolved. Next, find out what the status of the claim is.
If the insurance company tells you they are still investigating, they might think that there could be fraud/arson/intentional fire. In this case they would have to hire a Cause and Origin company to determine exactly how the fire started. If they say they need more time, they are required by law to send you a "Reservation of Rights" letter.
If you can't get a response from the insurance company, contact the Insurance Commisioner in your state. |
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larsgirl
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if you bought it new you're still under the 3yr/36000 mile warranty... even used, if you're paying toyota you probably bought it through their certified used.. Have Toyota repair /replace under their warranty, which is one of the best offered. Give them your insurance info...
Then let the 2 big bad companies duke it out. |
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mbrcatz
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You need to call your agent, and get them involved in this claim. This is silly. There is NO WAY they closed a claim from less than a year ago and got rid of the information. They're required by law to keep all information for 7 years.
What you CAN do, is request copies of all the original correspondence, and copies of all payments that were sent. Whoever towed the car, THEY have a copy of the authorization to tow the car, and the destination. Wherever it was towed to, should have it on inventory.
Something here STINKS to HIGH HEAVENS. Frankly, I think it's much more likely that the fiancee took the payment check and intercepted the mail, than the insurance company (which one, btw?) behaved that way. They would be demanding a title, ya know?
Unless there wasn't any coverage in place? Maybe the POLICY was cancelled for nonpay or something? You are WAY leaving stuff out here.
But your agent can rebuild this entire case for you. |
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