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Initial loss claim payment got retracted. What should I do?

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PGMAGNA

Guest
What is the name of your state? New York

My car got rear-ended by a semi truck back in Feb. The semi and his Insurance Co. is from Canada. The damage I received was a dent to my hatch. Police attended the scene and I have a police report.

I only have liabilty ins. I reported the accident to my insurance co and the other insurance co.

The other ins co. requested from me a body shop estimate. I gave it to them. In May they sent an adjuster to look at my car (only outside inspection was done, no body panel removed). My estimate was for $4,400 and the appraisal was for $2,500.

In June I received a letter from the adjuster stating they are prepared to consider a loss claim payment based on the appraisal. It is necessary that the enclosed Final Release be signed.

I didn't not sign because I was not satisfied by the appraisal. I contacted the adjuster and in August they sent back another adjuster to look at my car now apart siting at the body shop. I received another appraisal for another $500.

Since the car was apart at the body shop I had the car repaired. I call the adjuster to find out where my claim payment is and now they are retracting there initial proposal.

Based on further interviews, further investigation and subsequent instruction from the insured, our position is one of a complete and full denial of liabilty.

As discussed, our insured operator emphatically denies rear-ending your vehicle. Police did attend the scence on the shoulder and simply obtained your version of accident and that of the driver. Police officer did not witness the alleged collision and as indicated earlier, our insured operator emphatically denies rear ending your vehicle.

There is no independent evidence, a matter of credibility, one person word vesus the others.

Sorry so long but please help.
 


JETX

Senior Member
"Sorry so long but please help."
*** There isn't much 'help' that we can provide, other than to advise you consider legal action against the other driver. The problem you may have is that he is outside the reach of the court. Unless he has some assets or presence in the U.S. you are likely without any viable alternatives. The costs of litigation in a case like this (international) will very easily exceed the total value of your vehicle..... and/or its repairs.

You might consider talking with a local attorney who can review your case, but it doesn't look good.
 
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PGMAGNA

Guest
Can I sue the adjuster. This doesn't make sense at all. How could the insurance company get away with this. Are they valid with their reasoning.
 

JETX

Senior Member
"Can I sue the adjuster."
*** No. They are not a party liable to you.

"How could the insurance company get away with this. Are they valid with their reasoning."
*** From your post, probably not. But we do not have the benefit of the results of their investigation. It would appear that the other driver is denying any accident with you and absent some proof that their policyholder was involved, they are simply denying your claim.
 
A

Attorney2003

Guest
WOW JETX----your tons of help!

Don't quit your day job....OH WAIT----isn't this your day job?
 

I AM ALWAYS LIABLE

Senior Member
Attorney2003 said:
WOW JETX----your tons of help!

Don't quit your day job....OH WAIT----isn't this your day job?

=====================================


My response:

Hello, Attorney2003!

I just wanted to say it was nice having you as a member of FreeAdvice!

Unfortunately, I also have to say "good-bye" to you.

Good-bye.

IAAL
 

JETX

Senior Member
Attorney2003 said:
WOW JETX----your tons of help!

Don't quit your day job....OH WAIT----isn't this your day job?
Wow, that must be a record. Only signed up yesterday and already gone.
 
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PGMAGNA

Guest
JETX said:
"Sorry so long but please help."
*** There isn't much 'help' that we can provide, other than to advise you consider legal action against the other driver.
Can I pursue legal action against the insurance company. The Ins co. is Kingsway. They are located in Canada but have nine wholly-owned subsidaries in Canada and the US. Can I take action against the US subsidaries.

Even though I only have liability shouldn't my insurance company help me?

So does this mean that next time if I was to get into an accident and it was my fault I should not contact my insurance co. like the other driver did and when someone calls me to pursue a claim I should just deny, deny, and deny.

Let me review my situation again. I was driving my car on the highway sitting in rush hour traffic when a semi truck bump me several times causing a dent in the trunk area at which time I call 911 scared and frighten because I don't know why this truck keeps bumping me. When I'm able to move my vehicle out of the semi way I read the plate number to the dispatcher since I can't write while I drive. Finally I get the semi to pull over and I give my location to the dispatcher. I am advise to sit in my vechile until a police officer arrives. I do that and the po takes our statement. I call his insurance co, provide them a police report and even provide the adjuster with pictures because the appraiser has not submitted them at the time. In the end I get screwed. Makes sense to me.
 

JETX

Senior Member
"Can I pursue legal action against the insurance company."
*** No. They have no direct obligation to you. Nor is the insurance company liable to you.

"Even though I only have liability shouldn't my insurance company help me?"
*** From a business sense, probably. From a legal sense, no. Simply, you chose the insurance coverage and this circumstance falls outside that coverage.

"So does this mean that next time if I was to get into an accident and it was my fault I should not contact my insurance co. like the other driver did and when someone calls me to pursue a claim I should just deny, deny, and deny."
*** If you are in a foreign country and you have no morals, yes.

"Let me review my situation again. I was driving my car on the highway sitting in rush hour traffic when a semi truck bump me several times causing a dent in the trunk area at which time I call 911 scared and frighten because I don't know why this truck keeps bumping me. When I'm able to move my vehicle out of the semi way I read the plate number to the dispatcher since I can't write while I drive. Finally I get the semi to pull over and I give my location to the dispatcher. I am advise to sit in my vechile until a police officer arrives. I do that and the po takes our statement. I call his insurance co, provide them a police report and even provide the adjuster with pictures because the appraiser has not submitted them at the time. In the end I get screwed. Makes sense to me."
*** You forgot the most critical elements of this entire scenario. They are:
1) The driver denies that he was in an accident with you.
2) The driver and his assets are outside the US.

One thought came to me.....
Does the driver own his tractor or is it contracted or owned by a US company?? If the rig is US owned, you could sue that company.

In closing, one more suggestion.
1) Consider filing your lawsuit in small claims court. You will have to have him served at his They can challenge it as to jurisdiction, but you can properly claim that it happened here, court has jurisdiction. They will likely deny the accident etc., but at least you will get your 'day in court'.
2) In the event, you get a judgment against the other driver, you will then have the right to seize any non-exempt assets that the driver has in your state. Even better if a US owned rig with US assets! Another right that you might have is that some states allow a judgment creditor to get a drivers license suspended for not paying the judgment.

Go ahead and file in small claims court. The cost is low and minimal ordeal. The worse that can happen is the case be dismissed for lack of jurisdiction.
 

I AM ALWAYS LIABLE

Senior Member
He's vapor, history, a thing of the past

My comment:

Just a quick note to confirm that "Attorney2003" won't be "contributing" to the forums any longer.

IAAL
 
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PGMAGNA

Guest
JETX said:
[BOne thought came to me.....
Does the driver own his tractor or is it contracted or owned by a US company?? If the rig is US owned, you could sue that company.

In closing, one more suggestion.
1) Consider filing your lawsuit in small claims court. You will have to have him served at his They can challenge it as to jurisdiction, but you can properly claim that it happened here, court has jurisdiction. They will likely deny the accident etc., but at least you will get your 'day in court'.
[/B]
I guess I didn't tell the whole story. The driver does not own the rig. The company he works for leased it from another company. Both company is from Canada. I never talked to the driver. I contacted the Company he works for. The owner is 100% behind his driver. The owner wouldn't even give me the name of his insurance co. I had to call the leasing company begging for the name of insurance. They gave me the name of the company broker which I had to beg also for the name of the actual insurance co. Took me a month until I finally contacted the guys insurance.

Take him to smalls claim? If i file it here how do I serve him at his court.
 

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