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Questions About Auto Insurance & Accidents

4409 messages,  Last post on Nov 29, 2009 at 5:58 AM

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#3968 of 4409
Re: Advice sought [michaell] by mikefm58
Jul 30, 2008 (10:14 am)
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Replying to: michaell (Jul 30, 2008 7:52 am)

First off, no fault does not apply as that covers the first $xxxx amount of medical injuries, each state differs on the dollar amount. So all she has is the damage to her car.
 
Second, the Saturn may not be covered if his address hasn't been changed with the ins. co., they can be finicky about that, especially if he's in a serious wreck, get on the phone with them NOW if it hasn't already been done.
 
I would get an estimate. If the estimate is within about 80% of the appraised value, then it will be totalled. There's usually some fudge factor involved so be reasonable but firm. Sounds like it's still a nice car with gas prices the way they are, so try to resist them totalling it out.
 
Sometimes ins. cos. can drag their feet, but if you already have a claim number, then be persistent and tell them what you expect.
#3969 of 4409
Re: Advice sought [michaell] by euphonium
Jul 30, 2008 (7:59 pm)
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Replying to: michaell (Jul 30, 2008 7:52 am)

What is the date of when the Bride took title or when did she legally own the Camry?
 
If the crash happened within 30 days of that date, following the marriage, Progressive is insuring the Camry for the same coverages as on the Saturn. Read Newly acquired automobiles section of Grooms policy. The acquisition took place as a result of the Grooms marriage & he has 30 days automatic coverage in which to report the addition of another vehicle. Not 30 days from the marriage date, but 30 days from whence the Bride took title.
 
Thus, she may not have been without insurance.
#3970 of 4409
ERRORS AND OMISSIONS POLICY by juliagolia
Aug 01, 2008 (11:48 am)
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I have a question. I had never had a ticket until a couple of days ago when I rear-ended someone. It was my fault no major trauma at all. My insurance is Progessive and is paying the "victim" 100%. I used to have allstate but hired an agent because I wanted someone to handle all my properties and all my vehicles in one place, one person. When I contacted my agent I liked her. She asked about what all I wanted and I gave her all my current policies because that is what I wanted. I had never dealt with insurance my hubby always took that on. So I was new to this. She took my policies from other places and carried them over. When I got into this accident I called her to ask again what my deductible was. To make a long story short she failed to cover my car with full coverage-no collision. This is the car I drive everyday with my 2 year old. This is a farily new car that is paid for. Why on earth would I have full coverage on another truck that is paid for and a travel trailer that is recreational but not mine. Anyway, shouldn't she be liable and partially at least 50% responsible for the damages? I know I should have read my policy, but isn't this what an agent is for. She told me over the phone at the scene that she simply went by my old policy I had from Allstate. I checked my old one out when I got home and I had full coverage on my car. What should I do? I immediately added collision and comprehensive the next day, and it is in the shop now, but what actions can I take for her irresponsibilty?
#3971 of 4409
Re: ERRORS AND OMISSIONS POLICY [juliagolia] by oldfarmer50
Aug 01, 2008 (12:14 pm)
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Replying to: juliagolia (Aug 01, 2008 11:48 am)

"...what actions can I take for her irresponsibility?..."
 
Probably nothing more than switching your business to another agent unless you have proof that she disregarded your instructions.
#3972 of 4409
Re: ERRORS AND OMISSIONS POLICY [oldfarmer50] by juliagolia
Aug 01, 2008 (12:26 pm)
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Replying to: oldfarmer50 (Aug 01, 2008 12:14 pm)

She told me over the phone at the scene that she simply went by my old policy I had from Allstate. Which I looked up and had full coverage--would that be proof enough? or no?
#3973 of 4409
Re: ERRORS AND OMISSIONS POLICY [juliagolia] by cccompson
Aug 01, 2008 (1:56 pm)
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Replying to: juliagolia (Aug 01, 2008 12:26 pm)

No (with one possible exception noted below), the thing that matters here is what the declaration of coverage from Progressive says. It was your responsibility to read it when you received it.
 
Now, if you just (within the past few days) switched and have yet to receive anything from Progressive, well, that's another matter.
 
Who's to say whether the Progressive agent was "irresponsible[?]" It may have been a clerical error somewhere along the line - again pointing out the critical need for the insured to double-check things.
#3974 of 4409
Re: ERRORS AND OMISSIONS POLICY [juliagolia] by mikefm58
Aug 01, 2008 (5:23 pm)
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Replying to: juliagolia (Aug 01, 2008 12:26 pm)

After all, you should have read your declarations page. Heck, the agent could have put down many extras you didn't want and also may have not given you any discounts you were entitled too. Sorry to be the bearer of bad news, but you should have double checked your agent.
 
Now I certainly would come down on the agent as they REALLY messed up.
#3975 of 4409
As far as the law by marsha7
Aug 01, 2008 (6:35 pm)
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is concerned, I don't think you have many avenues of recourse...but, if this agent works for an agency, I would bring it to their attention that she said she "duplicated" your existing coverage, and then show the Allstate policy with collision and see what they do...probably nothing, but you will make your point when you take your business elsewhere...
 
You might also send a letter to the agency with a "cc" to Progressive, noting the error, explaning why you willl take your business elsewhere...it may make the point...
 
You ARE responsible for check your own dec sheet, but the fact that she wrote a policy that included collision for 2 vehicles but not the newest seems ridiculous...
 
But if Progressive does not offer anything, do not be surprised...you MUST check your policy simply because of clerical errors...
 
BTW, you MAY have a leg to stand on if you instructed the agent IN WRITING to duplicate your coverages, but if it was a phone conversation, and she does not admit to the contents as you remember them, get out your checkbook and pay for the damages...
#3976 of 4409
Re: ERRORS AND OMISSIONS POLICY [juliagolia] by euphonium
Aug 01, 2008 (7:12 pm)
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Replying to: juliagolia (Aug 01, 2008 11:48 am)

In person, ask to see the agent's copy of the application to the company. The agent's app may have included collision. If so, the company is on it.
 
If the agent's app does not include collision, ask them who their carrier is for "Agents Errors and Omissions" insurance. That your immediately preceeding policy included collision and that your agent had knowledge of those coverages, it is my opinion you have a very strong case against the agency's E & O insurance.
The retention (deductible) of that policy will shape the attitude of the agency principal as to how he will excercise his responsibility for his employees negligence. That you are obligated to read your policy is trumped by your having presented the former policies to the agency for coverage.
 
Bottom Line is the cost of repair should be bourne by either Progressive or their agency, under the laws of agency. Don't compromise and stand firm.
#3977 of 4409
Re: ERRORS AND OMISSIONS POLICY [euphonium] by houdini1
Aug 02, 2008 (6:18 am)
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Replying to: euphonium (Aug 01, 2008 7:12 pm)

I agree with you on this. Insurers do not like to be taken to court as most jurors feel sympathy for the insured. It was a little unsure to me whether she had collision at all or if she had collision but with a deductible.

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