Adjustor now wants to open 2 claims and charge 2 deductibles

[gpiotras]

We live in Connecticut
Last Thu. my wife was backing out of our garage and accidentally hit my car that was parked on the driveway. We called our insurance company and explained the situation. The agent told us that we only needed one claim, will have to pay one deductible, and the insurance company will repair both cars. He said the "chargeable account" would be "at-fault" because my wife did not back up in a safely manner and caused the accident.
Next day we are contacted by an adjustor. She said she opened a second claim for the second car (which we did not authorized). She then proceeded to tell us that we had to have 2 claims and will have to pay the 2 deductibles. We have car insurance with AAA.
I explained that this didn’t sound right. When I asked the adjustor what would have happened if MY car was insured with a different company (State Farm, for instance) she said that my wife's insurance (AAA) would have to cover all repairs for her car and mine. However, other than telling me that "...because both cars are insured with us you will have to pay 2 deductibles..." she was unable to tell me why the payout or handling of the claim was any different (and much to our disadvantage) just because we have the same insurance, same policy, and live at the same address.
Another part of the conversation that I can't get an answer to: the adjustor said that the claim for my wife's car (the one at fault) would be paid under the "collision" + "at-fault" feature of the policy. When I asked her what feature would kick in for MY car, she pretty much refused to give me an answer. At the end, she just said, "…it will be handled the same way…" which I think is unfair since the claim for my car should not be charged as "at fault" because it wasn't even being driven.
After this, I called several agents for AAA and also talked to a few agents for other insurance companies. When I asked the question "what would happen in this situation", they all consistently replied that it should be one claim, one deductible, and the second car is just the "victim". They all agree that there should be no difference on how to handle the claim just because AAA insures both cars under the same policy

So, I have a few questions:
- Is it fair for AAA Auto Insurance to try to collect 2 deductibles?
- Is it fair (or even legal) for AAA Auto Insurance to open a second claim without our knowledge and authorization (i.e., can insurance companies just open claims on behalf of customers)?
- I plan to report this incident to the State Insurance Commissioner's office. Do I do this BEFORE proceeding or AFTER all repairs and claims are complete/closed?

Any advise on how to best proceed is much appreciated.

Thanks.

 

[ecmst12]

You can't file a liability claim against yourself or someone else on the same policy with you, because you can't sue yourself. You must get both vehicles repaired under collision coverage and pay both deductibles. This is normal and legal. You have NO standing to complain to the insurance commisioner for this.

 

[gpiotras]

ecms12

Thank you very much for your reply.

It is then correct to assume that any saving I realized by having a multiple car discount (i.e., both car under the same policy) are now offset by the fact that I have to pay 2 deductibles? In other words, I would have been better off by having another insurance for the second car because then AAA (the insurance for the car my wife was driving) would have to pay for both cars (I wouldn't even have to call my insurance).

Also, can you elaborate the comment about suing? Why would I have to sue anyone if the first car is at-fault and that is already determined?

Last, do you have any guidance for the other 2 questions?

thanks again,

 

[ecmst12]

Liability coverage protects you from a lawsuit. If there is no possibility of a lawsuit, then liability coverage does not apply. Filing a liability claim against someone is essentially like suing them, or at least like saying "if you don't pay voluntarily I will sue".

Even if it was 2 separate policies, it's possible liability coverage wouldn't be possible since it's your spouse, and in many states you can't sue your spouse, parents, or children, so policies exclude liability coverage for those people.

Anyway, how much is your multi-car discount compared to how many years you've had the policy and how many more you will continue to have it?

Yes, they can open a second claim for you, they were doing you a favor. If you don't wish to continue with the claim, simply ask them to close it. The damage to your driving record is done, it counts as one at-fault accident, whether you accept payment for one car, both cars, or neither car.

I answered your other 2 questions. Yes it's fair and legal, and no you shouldn't report anything to the insurance commissioner AT ALL since they have done nothing wrong.

 

[gpiotras]

ecmst12 – Thanks again for the advise. Clearly, the adjustor handling my case has the same information you have. In fact, even some of the language was consistent. So I assumed that was the way it had to be.... until I spoke to one of the neighbors last night! Last winter he lost control of his car when he pulled into his driveway (black ice) and smashed into his wife’s car that was parked at the end of the driveway; the wife’s car hit the garage door; the garage door fell on his “toy” car (a collectible Porsche) that was in the garage. His insurance company paid for all damages to all 3 cars and the garage structure. They opened 3 claims,… but paid only one deductible: the one for the car he was driving.

So,… something is not right in the approach the adjustor is taking with my case because someone just 4 houses down the street had a similar incident but a completely different approach and outcome. The only explanation at this point is that it is specific to the insurance company (I have AAA, he has Bearingstar). I assume I will have to ask the Insurance Commissioner to help clarify this(?). Thoughts?

 

[tammy8]

The adjuster and ecmst12 are 10000% correct.

And stop talking to neighbors. Every claim is different. And not everyone tells the truth about what really happened with a claim.

 

[Zigner]

My insurance company specifically excludes liability coverage for any vehicles owned by members of my household...

 

[gpiotras]

Thanks again ecmst12 for the replies and information, and thank you Zigner for the comment. I have definitely learned a few things about insurance.

As for tammy8 - not really useful information at all for any visitor to this forum by telling me to stop talking to neighbors and implying that they don't tell the truth --> EVERYONE in this forum is a virtual neighbor (you, me, ecmst12, Zigner, etc.); the forum is for discussing this type of topics (i.e., talking), and I sure want to believe that everyone here is telling the truth based on the information they know/have. Besides, implying in a public forum that someone you have absolutely no information about or what he does for the living is a lier, completely ruined your credibility.

 

[Zigner]

Thanks again ecmst12 for the replies and information, and thank you Zigner for the comment. I have definitely learned a few things about insurance.

As for tammy8 - not really useful information at all for any visitor to this forum by telling me to stop talking to neighbors and implying that they don't tell the truth --> EVERYONE in this forum is a virtual neighbor (you, me, ecmst12, Zigner, etc.); the forum is for discussing this type of topics (i.e., talking), and I sure want to believe that everyone here is telling the truth based on the information they know/have. Besides, implying in a public forum that someone you have absolutely no information about or what he does for the living is a lier, completely ruined your credibility.

Actually, I agree with Tammy. Perhaps your neighbors weren't "lying" - rather, perhaps their situation was just different enough that it doesn't apply to YOUR situation. The neighbor was trying to be helpful, but really knows nothing about YOUR situation.

 

[cyjeff]

Thanks again ecmst12 for the replies and information, and thank you Zigner for the comment. I have definitely learned a few things about insurance.

As for tammy8 - not really useful information at all for any visitor to this forum by telling me to stop talking to neighbors and implying that they don't tell the truth --> EVERYONE in this forum is a virtual neighbor (you, me, ecmst12, Zigner, etc.); the forum is for discussing this type of topics (i.e., talking), and I sure want to believe that everyone here is telling the truth based on the information they know/have. Besides, implying in a public forum that someone you have absolutely no information about or what he does for the living is a lier, completely ruined your credibility.

She was speaking legally... and, for that matter, correctly.

She didn't say anyone was a liar (Lier), what she said was that their case has no bearing on yours so going to them for advice just muddied the water. Similar is not the same as exactly the same.... and so bears no inherent relevance.

Why are you so hot on calling the insurance commissioner? That seems to be every third answer from you.