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Can insurance company disclaim responsibility?

 
 
Reply Fri 18 Mar, 2011 10:46 pm
My car skidded and it was badly damaged. Nobody was injured.

I was undecided whether to claim from the insurance company or have it repaired by my regular mechanic. It took some time (I think the mechanic was busy with other vehicles) before he concluded that it could not be repaired. Prior to that he rang my insurance company to enquire whether he could repair the car and claim from them, forgetting or not knowing that his conversation with them would be taped. (The insurance company asked for the number of the vehicle and he did tell them what it was, and he also told them that it had skidded.)

Subsequently, the investigating officer said that he had a transcript of the conversation with the mechanic that indicates that we did not report the accident within 24 hours or the next working day as per one of their clauses.

The mechanic and I were asked to go to the insurance company and see the transcript o;f the conversation between the mechanic and the officer from the insurance company. After reading the transcript, the mechanic wrote and signed that what he said had no relation to the accident taking place on the day he called. It was just a general enquiry.

The fact is the mechanic and I thought that we could report the accident later as there could be no proof that the accident happened a few days earlier. As stated above, the mechanic talked to them on the day of the accident.

A few days ago, the insurance company asked me to report to the police about the accident. I refused to do so as I see there is no need to. The insurance company should not advise us what to do. They can make a police report themselves if they want to.

My worry is whether the insurance company can disclaim responsibility and pay us nothing based on the taped conversation between the insurance company and the mechanic who did not state that the accident did happen on the day he called them but just asked whether he could repair my car badly damaged car, which skided and claim from my insurance company.

I would be very grateful if somebody could advise me on this matter.
 
dadpad
 
  3  
Reply Fri 18 Mar, 2011 11:23 pm
The insurance policy has a clause that states you must report the accident within 24 hours.
You did not comply.
Why are you seeking to defraud the insurance company?

(not that i agree with the clause I actually think it sucks and positivly despise insurance companies who place needless clauses in their policies in an attempt to avoid payouts from unwary clients)
dadpad
 
  1  
Reply Fri 18 Mar, 2011 11:32 pm
Quote:
After reading the transcript, the mechanic wrote and signed that what he said had no relation to the accident taking place on the day he called. It was just a general enquiry.

Quote:

As stated above, the mechanic talked to them on the day of the accident.

These statements seem to contradict themselves.

Was the insurance company contacted in relation to your vehical within 24 hours (or next working day) or not?

Is there anyone who can verify what day you had the accident? spouse. friend, workmate.
You would surely have told someone "dammit! i had car accident yesterday".
Rest assured the insurance company will find said person if you are not being truthfull with them.
0 Replies
 
tanguatlay
 
  1  
Reply Fri 18 Mar, 2011 11:40 pm
@dadpad,
dadpad wrote:

The insurance policy has a clause that states you must report the accident within 24 hours.
You did not comply.
Why are you seeking to defraud the insurance company?
I was undecided whether to claim from the company or have it repaired. I was afraid of the huge premium I had to pay after claiming from them. No intention to defraud them.

After reading the transcript, the mechanic wrote and signed that what he said had no relation to the accident taking place on the day he called. It was just a general enquiry.

As stated above, the mechanic talked to them on the day of the accident.

The mechanic's defence was that he was asking if an accident did take place, could he repair the car and claim from the insurance company. He did not specifically stated that the accident happened on the day he called.
0 Replies
 
dadpad
 
  1  
Reply Fri 18 Mar, 2011 11:56 pm
Quote:
After reading the transcript, the mechanic wrote and signed that what he said had no relation to the accident taking place on the day he called. It was just a general enquiry.


How can this be? He told them the vehicals registration number Is that mentioned in the transcript?
Do you have a copy of the transcript? does your mechanic?
Why do they want you to report the accident to police? Is this necessary under your state laws? Was there 3rd party property damge? personal injury?

I think the insurance company are "The Game".
You need to decide if you want to play....or pay someone play for you.
tanguatlay
 
  1  
Reply Sat 19 Mar, 2011 08:23 am
@dadpad,
dadpad wrote:


How can this be? He told them the vehicals registration number Is that mentioned in the transcript? Yes.
Do you have a copy of the transcript? does your mechanic? They said that I could not have a copy.
Why do they want you to report the accident to police? Is this necessary under your state laws? Was there 3rd party property damge? personal injury? When there is no injury to any person, no report to the police is needed. That's why I refused to make a police report.

I think the insurance company are "The Game".
You need to decide if you want to play....or pay someone play for you. If possible, I would like to do it myself. I am very sad that they try to shirk responsibility.
0 Replies
 
PUNKEY
 
  1  
Reply Sat 19 Mar, 2011 09:27 am
If you would have gotten a police report, all this would not have happened.


The insurance company is right to question a car owner and a mechanic who try to run a repair through the system with no police report or no proff of when the "accident" happened.

It sounds like the car is either totaled or close to it. This sounds like very serious damage to your car.
tanguatlay
 
  1  
Reply Sat 19 Mar, 2011 11:58 am
@PUNKEY,
PUNKEY wrote:

It sounds like the car is either totaled or close to it. This sounds like very serious damage to your car.
It is a beyond repair and a total loss. However, when no one is injured or any other vehicle is involved a police report is not needed. That's why we have not made a police report.

The mechanic was, I believe, checking thoroughly whether my car could be repaired and that's why he took a few days. But I don't know why he revealed my car number when enquiring whether he could claim from my insurance company if he repaired my damaged car although to him it did not mean that the accident actually happened on the day he called. His defence was that it was a general enquiry about the matter.
parados
 
  2  
Reply Sat 19 Mar, 2011 12:06 pm
@tanguatlay,
Quote:
But I don't know why he revealed my car number when enquiring whether he could claim from my insurance company

Why would the insurance company even take the call if the car in question wasn't insured by them? They needed to know if they were insuring the car which required identifying the car.
0 Replies
 
JPB
 
  1  
Reply Sat 19 Mar, 2011 12:18 pm
Depending on where you live you may be required to file a police report by law and your insurance company may withhold processing a claim if you didn't file a police report.

Quote:
Don’t Forget to File a Police Report

Just as many states require drivers to report certain car accidents to the DMV, many states also require drivers to file police reports.

Generally, it’s pretty easy to determine whether―and under what circumstances―your state requires police reports. A quick phone call to your local DMV branch or police station, or a visit to your state DMV website, will let you know.

Also, if a law enforcement officer is called to the scene of the accident, you can bet you’ll find out whether or not a police report must be filed.

Keep in mind that your car insurance company might also require a police report as part of the auto accident claims process―and your claims adjuster might want a copy of it. http://www.dmv.org/insurance/when-to-report-an-auto-accident-to-the-dmv.php
JPB
 
  1  
Reply Sat 19 Mar, 2011 12:28 pm
@JPB,
More info here -- it all depends on where you live and who you're insured with.

Quote:
Is it necessary to have an accident report to file a claim?

It will depend upon state laws, the terms of your insurance policy (as well as the rules of your insurance company) as well as the type of claim if you will need an accident and/or police report in order to file a claim.

In some states an accident report is required in certain circumstances. For example in New York if in an accident the property damage of any person is $1,001 or more, all the involved drivers must file form MV-104 (Report of Motor Vehicle Accident). File form MV-104 with the DMV no more than 10 days after the accident. The DMV can suspend your driver license if you fail to report such an accident.

The state of Alabama requires those who have been in an accident where there is more than $250 worth of property damage to fill out a SR-13, Safety Responsibility Accident Report. It contains information on the accident and your insurance coverages which AL law mandates that you turn in so they can have on file if there are issues arising from the incident.

The Oregon DMV notes you must file an Accident and Insurance Report form with DMV within 72 hours when:

1. Damage to the vehicle you were driving is over $1,500, or
2. Damage to any vehicle is over $1,500 and any vehicle is towed from the scene as a result of damages from this accident, or
3. Injury or death resulted from this accident, or
4. Damages to any one person’s property other than a vehicle involved in this accident are over $1,500.

Accidents in areas open to the public for the use of motor vehicles must be reported. Some drivers who are in accidents offer to fix the damage and try to get the other driver not to file a report. If you agree to do this, you are breaking the law if the amount of damage is more than $1,500.

In Oregon you must file a report even if your vehicle was the only one in the crash. If you do not report an accident when required to do so, your driving privileges will be suspended.

Now even if your state does not require you to get a police or file an accident report your insurance company may, so read through the terms of your policy and ask your agent about the company's guidelines for when an accident or police report is necessary to file a claim.

It is helpful to insurance companies for a police crash report to be done to get details of the accident from an outside observer, the law enforcement agent. Also many times a person will admit fault at the scene to the accident or other driver but then not want to admit fault to their insurance company.

An insurance company may require an accident report for certain types of collisions such as a hit and run. It is best to try and get a police report for all accidents if for nothing else then to have a written report of the other person's information in an official report in case their insurance comes back as expired, canceled or fake. In those types of instances you can then alert the police to the fact that the person gave incorrect information in hopes they will be penalized by the state.

A police report is normally necessary if your car was stolen and may be if it was vandalized. If possible though it is better to get a police report whenever you are in an accident so that you have documentation of what each driver said happened, the exact location noted as well as the damage to the cars.

A report will not always be required, say if your car is damaged in a parking lot and police will not respond or if you have a single car accident with your mailbox and need to make a Collision claim then an accident report would not typically be necessary. Ask your insurer when either an accident or police report is required to make a claim to clarify what your specific insurance company mandates. http://www.carinsurance.com/kb/content57378.aspx
0 Replies
 
electronicmail
 
  1  
Reply Sat 19 Mar, 2011 12:28 pm
@tanguatlay,
How come the car was totalled if all you did was skid? You hit something, what? Insurance always asks for police reports before paying out accidnet claims but be careful lying to police is criminal.

Your story doesn't hang together.
0 Replies
 
electronicmail
 
  1  
Reply Sat 19 Mar, 2011 12:31 pm
@tanguatlay,
Also the question doesn't make sense. Responsibility is yours not the company's. What do you mean disclaim? Can they turn you down if you ask for money without a police report? Sure they can.

They can also prosecute you and the mechanic for attempted fraud.
tanguatlay
 
  1  
Reply Mon 21 Mar, 2011 11:19 pm
@electronicmail,
What I don't understand is why the investigating officer said that he was going to make a police report but he didn't. That was about one and a half months. ago.

Does it mean that he cannot prove that the mechanic has messed up things by enquiring about the accident?

And why about two weeks ago, the insurance company told me to make a police report instead. I told them I would not be doing so. That was about ten days ago. Why has there been no letter from them to disclaim responsibility?
JPB
 
  1  
Reply Tue 22 Mar, 2011 08:56 am
@tanguatlay,
There was an investigating officer? If there was an investigating officer then you have a record of when the accident occurred. You also have a record of the date the mechanic called the ins. company about billing his services. I'm not sure that will qualify as "YOU" notifying your insurance company within 24 hours of the accident - you'll have to take that up with your insurance company.

Has a claim been filed? They won't send you a notice that they aren't going to pay your claim unless you file a claim. They've asked you for a copy of your police report and you've refused to give them one. I'm not sure what you expect from the insurance company, but it sounds like you're thinking they should behave in a certain way when that's not the way they behave.
joefromchicago
 
  1  
Reply Tue 22 Mar, 2011 09:25 am
@tanguatlay,
tanguatlay wrote:
I would be very grateful if somebody could advise me on this matter.

I'd be glad to help, but, like others on this thread, I can't make sense of your story. Your car skidded and now you want coverage? You realize, of course, that auto insurance policies are primarily intended to be liability policies -- if you're not carrying collision coverage (and many people don't), then you won't have any coverage at all for a one-car accident that was your fault. If you do have collision coverage, then you still may not be covered for this accident, depending on the circumstances. And yes, the insurance company can force you to report the accident within 24 hours and supply a police report, if that's what the policy says.
0 Replies
 
tanguatlay
 
  1  
Reply Tue 22 Mar, 2011 09:26 am
@JPB,
There was an investigating officer? Yes.

If there was an investigating officer then you have a record of when the accident occurred. You also have a record of the date the mechanic called the ins. company about billing his services. I'm not sure that will qualify as "YOU" notifying your insurance company within 24 hours of the accident - you'll have to take that up with your insurance company. The insurance company, I believe is capitalizing on the date the mechanic called and enquired whether he could claim from the company for repairs if my car skidded. But the mechanic has read the transcript of what he said, and written and signed that it was a general enquiry, no bearing on the accident taking place on the day he called.

Has a claim been filed? They won't send you a notice that they aren't going to pay your claim unless you file a claim. I have already written that the accident occurred at a later date but nobody was injured which is not on the date the mechanic made the enquiry and stated that my car skidded . The car grazed the side of the underpass.but no one was involved.

They've asked you for a copy of your police report and you've refused to give them one. I'm not sure what you expect from the insurance company, but it sounds like you're thinking they should behave in a certain way when that's not the way they behave. I have already written a note explaining when the accident happened and they are saying that the accident happened when the mechanic called. So I wonder whether they would write to me later, disclaiming all responsibiilty.
0 Replies
 
learner124
 
  1  
Reply Wed 13 Jul, 2011 09:16 am
@tanguatlay,
i agree with dadpad

learner124
 
  1  
Reply Tue 11 Oct, 2011 07:57 am
@learner124,
The discussion is really informative. I got answers of my car insurance related questions here.
0 Replies
 
 

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