• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

California Fair Plan not so fair

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Tujungaman

Junior Member
What is the name of your state? California

California Fair Plan (not so fair) has sent me a letter threatening to increase my insurance rate because the vacant lot across from me is not cleared of brush to their standards, not the fire departments standards. They told me that if the owners of the property was also a Fair Plan member the increase could by put to their account. ...THERE IS NO HOUSE ON THE PROPERTY!!!

So it's up to me to solve this problem. Sounds like Fair Plan has discovered a loop hold to get more money out of its policy holders.

Is anyone else going through this same crap out there? :(
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? California

California Fair Plan (not so fair) has sent me a letter threatening to increase my insurance rate because the vacant lot across from me is not cleared of brush to their standards, not the fire departments standards. They told me that if the owners of the property was also a Fair Plan member the increase could by put to their account. ...THERE IS NO HOUSE ON THE PROPERTY!!!

So it's up to me to solve this problem. Sounds like Fair Plan has discovered a loop hold to get more money out of its policy holders.

Is anyone else going through this same crap out there? :(
Is your question "Is it legal for them to do this?" If that's your question, the answer is yes. Fire is bad. They're not looking to get more money out of you, they're looking to prevent a loss due to a fire.
 

Tujungaman

Junior Member
^Yes but this increase does not take into account the fire departments inspection and does not give me any tools to go after the land owner, who is the true law violator. I'm paying them to look after my best interest not to squeeze more money out of me. They should be contacting the land owner and working with the fire department to get these lots cleared. This may merely be a loophole to get money.
 

moburkes

Senior Member
^Yes but this increase does not take into account the fire departments inspection and does not give me any tools to go after the land owner, who is the true law violator. I'm paying them to look after my best interest not to squeeze more money out of me. They should be contacting the land owner and working with the fire department to get these lots cleared. This may merely be a loophole to get money.
They are increasing your premium based on risk. Period. Their risk has increased, therefore your premium has increased. The risk is not solely based upon your property. None of our premium is based 100% on our own risks. If it was, my car insurance premium would be CHEAP since the insurance company hasn't paid more than $1000 on my behalf since I started paying for my own policy.

If you don't like their rates, you have the right to be an informed consumer and shop around.
 

alnorth

Member
^Yes but this increase does not take into account the fire departments inspection and does not give me any tools to go after the land owner, who is the true law violator. I'm paying them to look after my best interest not to squeeze more money out of me. They should be contacting the land owner and working with the fire department to get these lots cleared. This may merely be a loophole to get money.
The fire department's inspection is completely irrelevant to the insurance company, they wont be cutting you a check if your house burns down in an out-of-control wildfire. The insurance company understandably has higher standards than the local FD, otherwise they would have to raise rates on everyone else to pay for your brush fire risk.

You also probably cant go after the landowner if the brush is not illegal, so you basically have no recourse other than pay up, find another insurance company, or move. This is not a "loophole", nor is it unfair or unethical. The insurance company has discovered that you are now a higher fire risk, and they want to be compensated for agreeing to take on that risk.

Its kind of like if the crime in your area worsens over the course of a few years perhaps due to urban development and lax law enforcement. Your home insurance would probably increase due to the risk of theft in that area, that would be a fair and reasonable increase, and there would be no one to go after for causing more crime. Its the same thing, your area is now a higher risk for fire, and if its not illegal theres nothing you can do about it, the insurance company needs to be paid for that risk.
 
Last edited:

Tujungaman

Junior Member
The fire department's inspection is completely irrelevant to the insurance company, they wont be cutting you a check if your house burns down in an out-of-control wildfire. The insurance company understandably has higher standards than the local FD, otherwise they would have to raise rates on everyone else to pay for your brush fire risk.

You also probably cant go after the landowner if the brush is not illegal, so you basically have no recourse other than pay up, find another insurance company, or move. This is not a "loophole", nor is it unfair or unethical. The insurance company has discovered that you are now a higher fire risk, and they want to be compensated for agreeing to take on that risk.

Its kind of like if the crime in your area worsens over the course of a few years perhaps due to urban development and lax law enforcement. Your home insurance would probably increase due to the risk of theft in that area, that would be a fair and reasonable increase, and there would be no one to go after for causing more crime. Its the same thing, your area is now a higher risk for fire, and if its not illegal there's nothing you can do about it, the insurance company needs to be paid for that risk.
What if your insurance company showed up to your house while you where not home, took picture of your neighbors kids, got their names and ran a police report to find that they had just be released from jail for home robbery, they then increase your rate just because you're next door to them, all other homes get to keep their same rates.

I feel like I'm being singled out do to one persons negligence, fine raise my insurance rate but don't tell me my neighbor is at fault but guess what there nothing you can do about it. This year california may face it's worst fire season in a long time. A letter stating that fact and saying my rates will be raised I can accept. California Fair Plan is it, they are the only insurance plan established for homes near the brush in California, there is no shopping around. I will keep complaining to the fire Department to have the lot declared a fire hazard. Wish me luck.
 

alnorth

Member
What if your insurance company showed up to your house while you where not home, took picture of your neighbors kids, got their names and ran a police report to find that they had just be released from jail for home robbery, they then increase your rate just because you're next door to them, all other homes get to keep their same rates.
You may have thought that you were being sarcastic, but there's a grain of truth in there. ;) Every once in a while, the insurance company will send over someone to check out the houses in your area to make sure you and other policyholders they insure are keeping their roof in good repair, dont have a pit bull and a trampoline in your backyard, quietly without giving you any notice.
 

moburkes

Senior Member
Yep. And that person just may be me. However, when I'm told to look at 123 Main St, no questionnaire that I've ever completed asks me to list the neighbors as a risk. I look for hazards and nuisances, but neither catagory includes people. The insurance company MAY run background, creditor, and criminal checks on THEIR customer (YOU), but not the neighbors.
 

Tujungaman

Junior Member
You may have thought that you were being sarcastic, but there's a grain of truth in there. ;) Every once in a while, the insurance company will send over someone to check out the houses in your area to make sure you and other policyholders they insure are keeping their roof in good repair, dont have a pit bull and a trampoline in your backyard, quietly without giving you any notice.
My neighbor having a trampoline has nothing what so ever to do with me! Sarcstic?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top