At Fault Insured Drivers Ins. lowballing on prop. damage claim

[libra58]

What is the name of your state (only U.S. law)?NJ I live in NJ. A Maryland driver caused an accident in front of My home. The accident involved 2 vehicles. The MD driver V#1 made a left hand turn into the path of a large truck V#2 which was traveling on the highway with the right of way. The MD driver was 100% the cause & cited for careless driving. The large truck V#2 ended up going thru My property and taking down 28(or more) trees & shrubs and creating damage to the sodded portion of property as well. Long story, short I filed claim against the MD drivers Ins. for the amt. of actual repair for damages ,after delay and excuses from the MD insurance co. of the at fault driver(tried to claim their policy holder was not at fault) they sent their adjuster out Mar.26 (In the event they accepted liability) This Ins. Co has jerked me around Since March. 12 ., which is the day the claim was opened I provided copies of the accident/police report and my invoice for repairs on the 12th via e-mail, an excess of 30 days passed and the Ins. Co had not affirmed or denied the claim, upon E-mail inquiry as to status on Apr.16 they responded back on Apr.19th a ck had been issued that day,Apr. 19th ,I object to the amt. and demand the amt. as invoiced for actual costs, as I did not agree to settle for a sum not only below what their adjuster told Me was the *low* figure that He himself computed..but an amt. just under $500.00 of what it will actually cost to restore My property as well. In response they state.""Please be advised that based on the scopeand estimate of damages submitted by (name removed) of (name removed) and Company, wewill pay AVC of $3748.10 If once repairs have been started, there areadditional damages found, we will have a reinspection ordered. The check wasprocessed on 4/19/12. Please continue to check your mail and if you do nothave by Friday, please advise and I will stop pay and reissue"". What are My options to get full restitution for My property damages, I am tired of going in circles with this Ins. Co.,Should I refuse this pmt. all together and Sue the Insured Policy holder for full the full amt., Accept this pmt. and sue the driver for the unpaid portion? . I have not yet rec'd this ck. I'm sorry this post ended up being a bit longer than intended..any advice appreciated, thank-you~

 

[ecmst12]

Very simple. They have NOT said this is the final amount they are offering for your damages. All you need to do is, once you receive the check, contact the contractor and have him begin work. If there are additional costs beyond what was in that payment, HE will submit his invoices and evidence to them and they will issue additional payment at that time. They will gladly pay what it costs to repair your property, but they don't want to pay MORE than it costs, and if you choose not to get it repaired or not get it repaired fully, they don't want to be liable for what the cost MIGHT have been if you'd gotten it repaired properly - only for costs that were ACTUALLY incurred.

 

[libra58]

Very simple. They have NOT said this is the final amount they are offering for your damages. All you need to do is, once you receive the check, contact the contractor and have him begin work. If there are additional costs beyond what was in that payment, HE will submit his invoices and evidence to them and they will issue additional payment at that time. They will gladly pay what it costs to repair your property, but they don't want to pay MORE than it costs, and if you choose not to get it repaired or not get it repaired fully, they don't want to be liable for what the cost MIGHT have been if you'd gotten it repaired properly - only for costs that were ACTUALLY incurred.

I hope it goes that smoothly..as I'm already indebted ($1200.00) to the landscape service for damaged tree/shrub/debris removal and grading fees (damaged/partially knocked down trees had to be tied to other trees until cut down to avoid falling on power lines/ debris and deep gullies were a hazard and removed/repaired the same day of the accident) the landscape Co. has already stated that the balance of the work /replacement trees /shrubs can not be accomplished with the remaining bal.(2,548.10) of the check the insurance co. has sent... all this mess because this driver decided to pull out from behind a box truck completely obstructing his view and make a left across 2 lanes of oncoming traffic..always sumptin

 

[ecmst12]

This is VERY standard practice, the contractor(s) should be familiar with the procedures for requesting additional payment from the insurance company.

 

[libra58]

This just keeps getting better & better..The check that was "issued" on the 19th was issued in the wrong name..the handling agent was notified on the same day of the "mistake", and told Me a stop pay would be done & another check issued ..So far..no check..called the Ins. Co. #800 Cust. service a little while ago ..No stop pay was ever requested from the branch handling my claim, they knew nothing of the issue..They also stated that all the notes in their system reflected my correct name spelling and mailing address..

 

[libra58]

So...53 days since claim was opened, no check has ever been rec'd ,MD branch agent keeps requesting I "void" & send check back so a new check can be requested..called the main branch (PA) again today and was told "no action has been taken to stop payment on the missing check issued in the wrong name, and no other checks have been requested" WTH.

 

[ecmst12]

So....did you receive the check? Did you void it and send it back? Did you have them request the stop pay and issue the new check today?

 

[Mass_Shyster]

So....did you receive the check? Did you void it and send it back? Did you have them request the stop pay and issue the new check today?

How can OP send back something s/he never received?

So...53 days since claim was opened, no check has ever been rec'd

 

[ecmst12]

I wasn't sure if he got the check in the wrong name or not. Either way he needs to follow up on the stop pay and reissuing of the check.

 

[libra58]

I wasn't sure if he got the check in the wrong name or not. Either way he needs to follow up on the stop pay and reissuing of the check.

I have received no check whatsoever. Every time I contact via e-mail the branch office the claim handler comes back with " void and return the check so I can request another check" 3 times since the 24th I notified stated No check has been received, 3 times the same response, the last time being the 30th. When I called the main branch this morning, I was told no stop pay or name correction was ever requested from the MD branch on the check that was "issued" on the 19th. I was told to contact the MD branch office again..this is ridiculous..

 

[Mass_Shyster]

I have received no check whatsoever. Every time I contact via e-mail the branch office the claim handler comes back with " void and return the check so I can request another check" 3 times since the 24th I notified stated No check has been received, 3 times the same response, the last time being the 30th. When I called the main branch this morning, I was told no stop pay or name correction was ever requested from the MD branch on the check that was "issued" on the 19th. I was told to contact the MD branch office again..this is ridiculous..

Stop calling and emailing.

Write a letter and send it certified, return receipt requested informing them that, to date, you have not received compensation for the damage to your property done by their client, and that if you do not receive payment within 30 days, you will take further legal action.

If you don't have a check within 30 days, sue the driver.

 

[libra58]

Stop calling and emailing.

Write a letter and send it certified, return receipt requested informing them that, to date, you have not received compensation for the damage to your property done by their client, and that if you do not receive payment within 30 days, you will take further legal action.

If you don't have a check within 30 days, sue the driver.

Am I obligated to allow another 30 days in any way prior to filing suit against the policy holder?

 

[Zigner]

Am I obligated to allow another 30 days in any way prior to filing suit against the policy holder?

Nope - but why go through the trouble of filing suit if a letter could accomplish the same thing?
If you don't want to give 30 days, give less...but be reasonable. You can't expect it being done in 3 days based on a letter. I would think that 14 days is the absolute minimum you could reasonably expect for your letter to have the desired effect.

 

[libra58]

Nope - but why go through the trouble of filing suit if a letter could accomplish the same thing?
If you don't want to give 30 days, give less...but be reasonable. You can't expect it being done in 3 days based on a letter. I would think that 14 days is the absolute minimum you could reasonably expect for your letter to have the desired effect.

Thank-You, given all that has transpired in the 53 days since the claim was opened waiting another 30 days would have been just to much~

 

[libra58]

O My..after all this BS of this agent/claim handler telling Me to return the check..Guess what was in My mailbox today..The check issued 4-19 in the WRONG name post dated May 1st.. The check was in Her office, most likely right on Her desk the entire time She's telling Me to wait for it, then void it ,then return it..so She can stop pmt...isn't that cute????