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Author Topic: Car Insurance Claim  (Read 11119 times)

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Elena

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Car Insurance Claim
« on: June 06, 2007, 02:49:13 PM »

This happened recently to someone I know and I wanted to check in with everyone to find out if it is true in other states. 

His car was hit and totaled by a juvenile in foster care who was driving a stolen car.  His insurance would not pay him anything because there was no one responsible for the young man's actions.  His foster parents were protected by law, and the state had also passed a law making them NOT liable. 

If this is reasonably universal it has interesting sides to consider for plot usage. 

Elena
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Dave Freas

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Re: Car Insurance Claim
« Reply #1 on: June 06, 2007, 03:03:43 PM »

Hi, Elena

I don't know if it's true in other states, but here in PA we have (I think we still have) something called a CAT (I knew at one time what the letters stood for, but that has leaked out of this steel sieve mind of mine) fund.  It's basically a pooled resource every insured motorist contributes to through their auto coverage that is used to recompense people like your friend where no one specific individual can be held accountable.

Hope this helps.

Dave
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Elena

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Re: Car Insurance Claim
« Reply #2 on: June 07, 2007, 09:20:06 AM »

Hi Dave,

I don't blame you for not remembering the name - I share your colander, but this name is beyond that.  Catastrophic Loss Benefits Continuation Fund  :o

http://www.ins.state.pa.us/ins/cwp/view.asp?A=1333&Q=542349

Unfortunately now it only covers people who were injured a number of years ago, and it was only designed to pay for medical needs.  In my friend's situation, he was not in the car when it was totaled.  We are all happy for that.

So, the likelyhood that this hole exists in PA also seems high.

Elena 
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Lance Charnes

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Re: Car Insurance Claim
« Reply #3 on: June 08, 2007, 02:49:24 AM »

In California, I believe an instance like this would be handled by the uninsured driver coverage on the victim's insurance. This is what pays for damage from hit-and-runs or when no insured driver can be assigned fault. I can't speak to what the state's laws say about stolen-car-driving foster-care juveniles, though.
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Kathy Wendorff

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Re: Car Insurance Claim
« Reply #4 on: June 08, 2007, 07:06:21 AM »

His insurance would not pay him anything because there was no one responsible for the young man's actions. 

This seems odd -- what kind of an insurance policy is involved? Because usually your insurance company pays you for damages -- that's why you've been paying those premiums all these years -- and then tries to recoup from the other guy's insurance.  So I can see where the insurer might be out of luck, but your friend the insured ought to be okay.

Otherwise, you could never collect if you found your car bunged up in a parking lot and the culprit long gone, for instance.

Kathy W.

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B L McAllister

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Re: Car Insurance Claim
« Reply #5 on: June 08, 2007, 11:58:59 AM »

Keep in mind that many insurance companies try, first of all, to deny any claim that gets filed, for whatever reason they can come up with. If that works, they save money. If it doesn't, they eventually pay--and, afterwards, people can't tell them from the ones that pay after merely checking to make sure they should.
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Elena

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Re: Car Insurance Claim
« Reply #6 on: June 08, 2007, 01:13:28 PM »

Quote
Otherwise, you could never collect if you found your car bunged up in a parking lot and the culprit long gone, for instance.

Kathy,

What he was told was that if they had not caught the young man, they would have paid.  But, finding the culprit and learning that he was not even eliglble for insurance put him in a loop hole catagory.  Insurance that covers uninsured, or underinsured requires that the culprit is insurable.  They make this assumption in the case of a hit and run.  But, here they had definite knowledge that A) he was too young to get a license, and B) legally no one could be held responsible for his actions vis-a-vis driving.  Therefore no payment.

This may well be one of those situations Byron was talking about.

Definitely a potential Fagin situation,
Elena
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rukitamo

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Re: Car Insurance Claim
« Reply #7 on: September 19, 2007, 06:10:46 AM »

Hai,

I am Rukitamo. I am Newbie to here.

The Insurance Procedure 
Make sure that your car has a valid insurance cover. As per the rulebook no motor vehicle can be driven without a valid insurance.

Although the legal requirement is met by having the vehicle covered for a minimum "Act Only' risk - Motor Policy 'A" (also known as third party risk), it is sensible to have your car covered by a comprehensive insurance policy.

For private vehicles and cars, the 'Act Only Policy' covers third party property damages only upto Rs.6000/-. Fire and Theft risk can be covered by paying additionalpremium

Comprehensive Insurance Policy (Motor Policy 'B')

A comprehensive policy includes -
* Third party cover.
* Loss / damage to vehicle as a result of an accident, fire or theft.
* Risks against floods, earthquake, riots and strikes.
* Accessories like music systems, air-conditioner, etc. can also be covered by paying additional premium.
* Risk of loss/damage while in transit by road, rail, water-craft, air, elevator, etc.
 
The insurance policy becomes effective from the moment the payment of premium is received by the insurance company, and ends at midnight, exactly a year later (valid for one year).

You can obtain an insurance policy by paying the premium to an insurance agent or a development officer of the insurance company (by cheque). The premium amount is calculated based on the cars value, the engine power, its seating capacity, and the value of other accessories like the air-conditioner.


Renewal of Policy
The policy has to be renewed within the period of validity. Any delay in renewal of the policy renders the policy invalid and driving your car becomes an offence. To renew the policy after its expiry, the vehicle has to be taken for inspection to the insurance company's office.


No Claim Bonus
You are eligible for a discount in the premium of a comprehensive insurance policy at the following rate:
@ 20% for the first year.
@ 35% for 2nd year.
@ 50% for 3rd year.
@ 65% for 4th year. (Maximum)

The value of this discount is based upon the insurance claims you have made in that year.
This discount is adjusted against renewal premium. You can avail the no claim bonus when you renew your policy. If your policy expires, then you can still avail the no claim bonus if you renew the policy within 90 days of its expiry. Subsequent to this period you cannot get the benefit and have to pay full premium.

Incase you are buying a new car, then you can transfer the no claim bonus from the policy of your old car to the new one.

When you sell your car you need to intimate the insurance company. You are eligible for the no claim bonus, which is adjusted against the premium of a new car, if the purchase is made within a period of three years.


Transfer of Insurance Policy:
In case you purchase a used car, you can transfer the existing insurance policy to your name by informing the insurance company within 14 days from purchasing the car.


ACCIDENT CLAIMS
Minor accidents while driving on city streets are common. Unlike earlier days when a car could be repaired by a few measured blows of a hammer, at the streetside tin shop, today's car is best repaired at the authorised workshop of the manufacturer. The authorised workshop is best suited to decide whether the part damaged is repairable or needs replacement. Insurance companies also appear to favor them, as the authorised workshops have standardized costs for repairs, replacement and labor.

Newer cars come with bumpers and body panels that cannot be repaired easily and are best replaced, because the cost involved in repairing these parts to perfection is the same as the cost of replacing them.

Steps involved in claiming insurance for an accident car:

Lodge a complaint at the nearest police station.
The police make a report (F.I.R.) by sending a constable to the accident spot.

Intimate the insurance company about the accident.
You should send a letter to the insurance company officer informing him about the time, place and a brief description of the accident.


Submit the following documents at insurance company's office:

1. Submit the claim form along with the original estimate of repairs obtained from the workshop.
(The claim form can be obtained from the insurance company's office. The estimate of repairs will be handed over to you by the workshop where you want your car to be repaired.)
2. Police F.I.R. (report)
3. Photocopy of car registration certificate (RC Book), driving licence, insurance policy.
(You need to produce the above documents in original for verification by the insurance company.)

On submission of these documents the insurance company appoints a surveyor, who inspects the damaged car and verifies the authenticity of the estimate of repairs. The car can be repaired only after the insurance surveyor has inspected it.

The insurance company considers the full value for all parts glass, rubber, metal and labour charges. (Earlier the cost of rubber and plastic parts were calculated at depreciated value)


4.Submit the final bill for damaged parts that have been replaced and the stamped receipt for payment made to the workshop.
Once the car has been repaired, you need to make the payment as per the final estimate and submit the final estimate and stamped receipt to the insurance company for settlement of the claim.
The repaired car is surveyed again by an insurance surveyor and only then you can take delivery of your car.

Usually smaller claims are processed within a period of 2 weeks. Bigger claims involve more procedures at the insurance company's office and thus take longer.

The procedures involved in claiming insurance are not complicated and cumbersome, as many people perceive them to be. Timely action and awareness about procedures can help you get what your policy promises you, faster.

TOTAL LOSS
Incase of serious accidents where your car has been declared a total loss by the insurance surveyor, you need to submit the original RC Book, Duplicate key, NOC from the RTO regarding transfer of the car in the name of insurance company (Complete set of RTO forms required for transfer of ownership), and a letter of indemnity and subrogation, to the insurance company.


THEFT
If your car is stolen, you need to inform about the same to the nearest police station and your Insurance Company immediately. You also have to intimate about the stolen car and missing documents to the concerned registering authority where the car was initially registered. Obtain a duplicate RC Book from the RTO office immediately

In case of thefts the settlement of Insurance claim takes longer as the RTO and the police is given a reasonable period of time to recover the stolen vehicle.

Lynette

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Re: Car Insurance Claim
« Reply #8 on: September 19, 2007, 06:19:33 PM »

Elena I worked in an insurance company as a CSR for a few years and I know states have different rules. In NC Libility insurance is mandatory and you have to prove you have it to get a tag for your car. This covers the other driver if you are in an accident and it is your fault. Many people with older cars choose this coverage only because it cost the least amount of money. There is Comprehensive which would cover your loss in an accident. Often with this your insurance company pays for your car then goes after the insurance company of the other driver involved in the accident. There is also a ryder which most people add to their policy. It is only a few dollars and is called, Uninsured moterists coverage, which covers your car in a case such as you described. If you have it, the  company can't refuse to pay for your car. (I always recommended it because there are a lot of dirvers out there that have no license.) Hope this helps.  Lynette

Elena

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Re: Car Insurance Claim
« Reply #9 on: September 22, 2007, 12:12:58 AM »

Thanks Lynette,

From what I've been able to find out there are several states, besides Wisconsin, that seem to have this loophole.  Apparently, the combination of it being a stolen car driven by a foster child who is by law not allowed to get insurance while in foster care, and the state making it law that neither the foster parents or the state can be held liable for any damages by the child allows the insurance companies to get away with not paying out.  Even if you have the uninsured motorist coverage.

It seems to be true in both New York and New Jersey.  Probably true in Georgia, Texas, and Colorado.  I hedge because reading the fine print on insurance policies doesn't give this information, but those are the states where I know people who work in child welfare and they do know the local laws reasonably well.

Elena
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