Falsley accused

[rockerman]

What is the name of your state?What is the name of your state? California

In March, I got a letter from a Progressive Insurance claiming that I hit one of their client's cars. The letter also stated that the accident had been reported to the police. I called Progressive Insurance back, saying that I was not involved in the accident and was not even in the same city at the time. They said if I cooperated with them, we could straighten things out. We setup an appointment for someone to come out to take photographs of my car to see if there was any damage to it (which there wasn't), and if there wasn't any damage consistent, the case would be dropped. I actually left my car at my workplace, someone supposedly came out from Progressive and took pictures of my car. In the mean time I reported the false claim to my insurance agency just in case. My insurance took my statement and they said they would handle it.

7 months passes, I think everything is taken care of and then I get a call from my insurance agent saying that I was being taken to arbitration.

I find out more information and it turns out the other party had a witness saying that there was a car similar to mine who saw 4 digits of a license plate that matched mine so that's how they found me. I tried looking for the alleged police report (which my insurance agency never bothered trying to get themselves) and wasn't able to get it since I don't have the name of the person who accused me (my agent said he couldn't give me his name because of "privacy laws.")

What can I do? My insurance agency hasn't been very helpful. They keep asking me for a statement of my side of the story. I've asked them to provide me with legal counsel so that I can prepare a strong statement. Does my insurance agency have an obligation to provide me with an attorney if I request one? My insurance agency said the other party has an attorney.

I'd want to be at the arbitration hearing (or whatever it's called) when this happens so I can explain that I wasn't involved and my car was sitting in my garage at the time of the alleged accident, but I'd have to take time off work for this.

Can I sue the other party, Progressive Insurance, or even my insurance agency for the time I've spent and my lost wages if I have to go to this arbitration hearing? Can I really not get the name of the other party because of "privacy laws?"

 

[CdwJava]

I tried looking for the alleged police report (which my insurance agency never bothered trying to get themselves) and wasn't able to get it since I don't have the name of the person who accused me (my agent said he couldn't give me his name because of "privacy laws.")

Hogwash. if he had it, he was not giving it to you for some other reasons. There is no law in CA that prevents him from giving you that information or from providing you with a copy of the report ... unless the other party was a minor, you were being charged with a criminal act, and your agent is also your attorney, I can't see any reason you could not be provided that information. Especially since the exchange of that information would be mandated by CA law anyway at the scene of an accident.

Does my insurance agency have an obligation to provide me with an attorney if I request one? My insurance agency said the other party has an attorney.

No. They are defending their interests - not yours. If you want to truly defend your interests you would need an attorney of your own.

You might consider simply dashing off a truthful letter stating very briefly and concisely that you were not in the city of occurrence on the date and time of the accident and you deny any and all involvement.

I'd want to be at the arbitration hearing (or whatever it's called) when this happens so I can explain that I wasn't involved and my car was sitting in my garage at the time of the alleged accident, but I'd have to take time off work for this.

It might cost you far more than the time you'd lose at work if you get declared at fault for this. Not to mention that your insurance company might cancel you, and any subsequent company might charge you an arm and a leg for premiums in the future.

Can I sue the other party, Progressive Insurance, or even my insurance agency for the time I've spent and my lost wages if I have to go to this arbitration hearing?

You can sue anyone for anything. Whether you'd win or not is doubtful. And unless you can prove their actions were willful and malicious, I doubt you could win.

Can I really not get the name of the other party because of "privacy laws?"

Ask him to cite the Government Code section that prevents the disclosure ... or ANY code section that prevents that disclosure. I'd be curious to see what he hangs his hat on for refusing to give you that information.

- Carl

 

[rockerman]

You might consider simply dashing off a truthful letter stating very briefly and concisely that you were not in the city of occurrence on the date and time of the accident and you deny any and all involvement.

I'm going to provide a statement since they need it for arbitration, but how much detail should I put in it? Should I simply say I wasn't in the city on the date/time of the accident, or should I say that along with other things like I was working the day of and the day after, I was 90 miles away, my car was in my garage at the time, my wife was with me the entire time, etc...?

 

[tryingtoplease]

to rockerman,

Follow the advice cdwjava gives you. He seems to be an intelligent, kind man who wants to share his broad knowledge. If he doesn't know the exact answer for you, he will defer to his colleagues. You would be smart to listen to him.

to cdwjava,

Although I was not a huge fan of police in my teens, being in my forties (with 4 kids) has brought me a whole new respect for y'all. My father was on the fire dept for 25 years and after he retired, stayed in the field for another 15 years. He had a lot of wisdom and he shared it with many. He passed away last month at the too young age of 77. You remind me a lot of him. Keep up the good work!

PS-I in no way was implying that you are that old

 

[rockerman]

Ask him to cite the Government Code section that prevents the disclosure ... or ANY code section that prevents that disclosure. I'd be curious to see what he hangs his hat on for refusing to give you that information.

Well I asked my insurance agent to tell me what privacy laws prevented him from telling me more information and he said the it was Privacy Act and The Homeland Security Act. Any thoughts on this?

I did what CdwJava said to do, I put out simple statement denying involvement. I guess I'll just have to wait to see what the arbitration brings. Any thoughts which one is stronger -- a written statement vs a verbal, recorded statement?

 

[stephenk]

"What can I do? My insurance agency hasn't been very helpful. They keep asking me for a statement of my side of the story. I've asked them to provide me with legal counsel so that I can prepare a strong statement. Does my insurance agency have an obligation to provide me with an attorney if I request one?"

You are not entitled to an attorney paid for by your insurance company in order for you to provide a statement to your own carrier regarding the claim against you. You can hire your own attorney if you want.

Forget about dealing with your insurance agent. He/she sounds like an idiot. The claims adjuster for your carrier should provide you with a copy of any police report they have.

What is the name of your carrier?

 

[rockerman]

Forget about dealing with your insurance agent. He/she sounds like an idiot. The claims adjuster for your carrier should provide you with a copy of any police report they have.

What is the name of your carrier?

Yes, my insurance agent IS an idiot. 21st century is my carrier. I wonder if I can switch insurance companies in the midst of this. Would a pending arbitration case be something that a new insurance company count against me when deciding what my premium would be or even to insure me?

In terms of arbitration, can I be at the hearing? Would it be advantagous for me to be there? Can I send a lawyer there to represent me? Or are these types of things closed to people other than the arbitrators themselves?

 

[lwpat]

The way I understand this is that the other insurance company has paid the claim and is now trying to collect from your carrier. This is between the two insuance carriers and normally neither you or your attorney are present.

My advice would be to contact the adjuster handling the claim and to make a notarized statement. I would also shop around for another insurer or at least change agents since yours is a dufus.

 

[stephenk]

I asked for your carrier's name to determine if the two carriers are part of inter-company arbitration. Lwpat is correct in that the carriers will hold an arbitration to determine if your carrier has to reimburse Progressive for the money they paid to their insured. You should do everything you can to help your carrier.

Most inter-company arbitrations are done with paperwork. You should ask your claims adjuster (not your agent) if you can appear and testify at the hearing. The hearings are very informal. If no appearance is necessary, provide a recorded statement to your carrier.

 

[I AM ALWAYS LIABLE]

Yes, my insurance agent IS an idiot. 21st century is my carrier.

My response:

This makes absolutely no sense. 21st Century Insurance DOESN'T HAVE agents. They have in-house customer service, and claims adjusters - - but they don't have, nor use, "agents". Something tells me you're a very confused person who really doesn't know who the "players" are in your own situation.

IAAL

 

[john123456]

IAAL is correct. 21st Century is a direct writer.

 

[rockerman]

My response:

This makes absolutely no sense. 21st Century Insurance DOESN'T HAVE agents. They have in-house customer service, and claims adjusters - - but they don't have, nor use, "agents". Something tells me you're a very confused person who really doesn't know who the "players" are in your own situation.

IAAL

Sadly, you are right. I am confused. This whole process has been confusing for me since the person I've been talking hasn't explained what has happened and what's going to happen. I appreciated all the input that's been given thus far.

I guess the person I've been dealing with has been the claims adjuster.