F
frankleahy
Guest
How or what can be done about stalling adjuster ?
What is the name of your state? Indiana
On 7/3/02 I was traveling to Perrysburg , Ohio ,near Toledo in my 96 pontiac transport .While waiting in traffic on i475 north (offramp) I was involved in an accident. A driver (from Michigan) who was driving an rental car (2002 impalla) .The driver hit my transport van in the rear right , it was a pretty good pop,and allthough I didnt require an ambulance I did get a pretty good stiff neck ,it was noted by the Ohio Statetrooper.I still have a stiff neck and some pain but have not followed up with that and The problem is that the insurance company representing the rental co.has been intentionally delaying settling the claim.
Approximately 4 weeks after the accident I was contacted by the adjuster on the telephone.I had just recieved a check from them earlier that morning to make the repair on my vehicle.I asked the adjuster if they would be furnishing me a rental vehicle to use while my van was being repaired,appx 3 to 4 days ?The adjuster said that if I wanted a rental vehicle then I would have to get one and pay for it up front then submit the bill to him and they would reinburse me what they considered "a fair amount" . Considering that they had taken almost a month to contact me , I was afraid that if they did reinburse me for a rental, it may not be what I pay for it and I am not in great financial shape. He again repeated the same thing , I told him that didnt have the money to get a rental and considering that it wasnt my fault (the accident) he should furnish the rental,he excused himself from the phone for a minute then when he came back on he informed me that he was going to put a "stop payment" on the check saying that MICHIGAN is a NO FAULT STATE! I had told him the driver was from Michigan but I also informed him of all the details of the accident and he had to have seen the accident report before issueing a check to me, right? He told me that they would only pay my deductible , up to $ 500 and to send him a copy of my policy for this to happen! I immediately drove to my insurance agency and my rep told me that because the accident happenned in Ohio , I would have no problem,Ohio is Not a no fault state. I telephoned the adjuster when I got back home and left a message on his machine saying that Ohio was not No-Fault.My agent had phoned the adjuster also before I left the insurance office and also had left a message stating the same.My agent said everthing was ok,so I thought it was ok. The check that the insurance co. had sent to me had a valid for 180 days or someting on it so I thought that I should deposit it in my savings account untill I could work out transportation for my wife , she uses the van to get back and forth to work,it is our primary vehicle.appx a week after depositing the check I recieved a notice from my bank saying that the check wasnt any good,and they were charging me return check fee's. I immediately called the insurance co. and informed him of the check. He told me that the check had been stopped because I told him that the accident happenned in Michigan ,and that he informed me of the stop payment at that time. I told him that my agent and myself had both left messages on his machine within an hour of our conversation, and his words to me at that time were that he was GOING to stop payment and that even if he had stopped it then (early afternoon) he could cancell the "stop". i assumed that he had because almost a month had gone by since that conversation had taken place and I hadnt heard anything from him? I also asked why the check had been issued to me in the first place if he thought that the accident happenned in Michigan ?He had no answer for me and demanded that I get him a copy of the accident report so that he could verify that the accident did take place in Ohio ! I once again gave him the accident report number ,I again asked why a check was issued in the first place if he didnt allready have all the info ? Anyway to make a long story short , I again gave the accident report number to him and also talked to his supervisor and was told that as soon as all was verified action would be taken at that time.They told me that the rental driver was telling them that the accident happenned in Michigan, bologna ! I believe that I am being intentionally strung along. I gave them the accident report number about 3 weeks ago (again) and they still have not contacted me ! Everytime I call I have to leave a msg on their machine and they dont return the call. The repair shop has now sent the parts back to their supplier because of all the delays, so I hope that the cost doesnt go up , if it does do they have to pay it ?I would appreciate it if you could steer me in the right direction and tell me whether or not I should get the courts involved ? Would I have to get a lawyer from Ohio ?Did they break any laws by putting the stop payment on the check ?
What is the name of your state? Indiana
On 7/3/02 I was traveling to Perrysburg , Ohio ,near Toledo in my 96 pontiac transport .While waiting in traffic on i475 north (offramp) I was involved in an accident. A driver (from Michigan) who was driving an rental car (2002 impalla) .The driver hit my transport van in the rear right , it was a pretty good pop,and allthough I didnt require an ambulance I did get a pretty good stiff neck ,it was noted by the Ohio Statetrooper.I still have a stiff neck and some pain but have not followed up with that and The problem is that the insurance company representing the rental co.has been intentionally delaying settling the claim.
Approximately 4 weeks after the accident I was contacted by the adjuster on the telephone.I had just recieved a check from them earlier that morning to make the repair on my vehicle.I asked the adjuster if they would be furnishing me a rental vehicle to use while my van was being repaired,appx 3 to 4 days ?The adjuster said that if I wanted a rental vehicle then I would have to get one and pay for it up front then submit the bill to him and they would reinburse me what they considered "a fair amount" . Considering that they had taken almost a month to contact me , I was afraid that if they did reinburse me for a rental, it may not be what I pay for it and I am not in great financial shape. He again repeated the same thing , I told him that didnt have the money to get a rental and considering that it wasnt my fault (the accident) he should furnish the rental,he excused himself from the phone for a minute then when he came back on he informed me that he was going to put a "stop payment" on the check saying that MICHIGAN is a NO FAULT STATE! I had told him the driver was from Michigan but I also informed him of all the details of the accident and he had to have seen the accident report before issueing a check to me, right? He told me that they would only pay my deductible , up to $ 500 and to send him a copy of my policy for this to happen! I immediately drove to my insurance agency and my rep told me that because the accident happenned in Ohio , I would have no problem,Ohio is Not a no fault state. I telephoned the adjuster when I got back home and left a message on his machine saying that Ohio was not No-Fault.My agent had phoned the adjuster also before I left the insurance office and also had left a message stating the same.My agent said everthing was ok,so I thought it was ok. The check that the insurance co. had sent to me had a valid for 180 days or someting on it so I thought that I should deposit it in my savings account untill I could work out transportation for my wife , she uses the van to get back and forth to work,it is our primary vehicle.appx a week after depositing the check I recieved a notice from my bank saying that the check wasnt any good,and they were charging me return check fee's. I immediately called the insurance co. and informed him of the check. He told me that the check had been stopped because I told him that the accident happenned in Michigan ,and that he informed me of the stop payment at that time. I told him that my agent and myself had both left messages on his machine within an hour of our conversation, and his words to me at that time were that he was GOING to stop payment and that even if he had stopped it then (early afternoon) he could cancell the "stop". i assumed that he had because almost a month had gone by since that conversation had taken place and I hadnt heard anything from him? I also asked why the check had been issued to me in the first place if he thought that the accident happenned in Michigan ?He had no answer for me and demanded that I get him a copy of the accident report so that he could verify that the accident did take place in Ohio ! I once again gave him the accident report number ,I again asked why a check was issued in the first place if he didnt allready have all the info ? Anyway to make a long story short , I again gave the accident report number to him and also talked to his supervisor and was told that as soon as all was verified action would be taken at that time.They told me that the rental driver was telling them that the accident happenned in Michigan, bologna ! I believe that I am being intentionally strung along. I gave them the accident report number about 3 weeks ago (again) and they still have not contacted me ! Everytime I call I have to leave a msg on their machine and they dont return the call. The repair shop has now sent the parts back to their supplier because of all the delays, so I hope that the cost doesnt go up , if it does do they have to pay it ?I would appreciate it if you could steer me in the right direction and tell me whether or not I should get the courts involved ? Would I have to get a lawyer from Ohio ?Did they break any laws by putting the stop payment on the check ?
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