Bogus Claim Denials

[wini]

My husband was side swiped on the right rear quarter panel of his truck while driving in California. The other driver admitted fault at the scene. Her parents took photos of both vehicles and submitted them to their insurance. Now, their insurance is denying our claim on the basis of those photos. However, no adjuster ever came to look at our car. They feel their customer is not at fault. Although we cooperated with them and filed all the appropriate paperwork, we feel the insurance company is not acting in a professional or ethical manner. We do not even know if the photos submitted are of the actual vehicles involved in the accident. Is this legal behavior on the part of the insurance company?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

What you should have done was submit estimates from two independent repair shops, with photos. But.....to answer your question, there is a common phenomenon known as Bad Faith Breach/Insurance Bad Faith, etc.

You can easily sue on it, but it will be up to you to prove they actually denied damages because of bad faith or some ulterior motive.

May I suggest you seek at least a consultation with an accident attorney or insurance fraud attorney at http://www.attorneypages.com.

Betchya you can subpoena the pictures they submitted to determine if they are accurate photos.

 

[wini]

Bogus Insurance

Lawrat, thanks for your reply and advice. Actually, we did submit 2 repair estimates the day following the accident...but no photos. We are too trusting. However, we will think about your advice re: legal consultation. Thanks very much.

 

[Juan Rodriguez]

While you wait to decide you can file a complaint with the Insurance Commisioner's Office. Make sure you give the names of the adjusters and any supervisors you spoke with. Submit the photos with your complaint. The company will have to justify in writing the basis for the denial. At a minimum you will get their theory of liability on papaer. At best you could get your claim paid for.