Legal Help!!! for insurance claim

[j8282]

The below thread explains what happen to my car and how it caught on fire,

http://www.professionalmuscle.com/forums/showthread.php?t=44627

My problem is that state farm ( other car insurance) said they will not claim liability (vehicle is a total loss) for my car since there is no evidence showing there client was at fault but just a freak accident. Basically if she didnt start the fire intentionally they wont cover it. I didnt have full coverage on mine bc its just a beater that I use to put miles on for work and stuff. Any logical advice would be greatly appreciated. Maybe Im wrong but isnt this what insurance is for. I have USAA but of course their not liable either but they would help if I needed it.

 

[sadie]

kinda ot.. but how the hell did her car catch on fire?

 

[j8282]

fire in the dash is what she told me but the insurance inspector could not determine that. Right now Im going to headquarters should hear back tomorrow hopefully.

 

[altamoreaf]

I think what you mean is that State Farm will not admit liability or maybe concede liability, but admit or concede, the bottom line is they will not cover your loss. Oh, and another thing, State Farm will only cover losses due to negligence, not intentional acts. In other words, if you deliberately ram your car into someone your car insurance will not pay for the damage. Now, to address your problem. I would bet that your neighbor probably has home owner's insurance. If he does then your loss may be covered. If that doesn't work then try your own home owner's insurance. If all else fails you could sue in small claims (this depends on the amount of your loss and the jurisdictional limits where you live) and try to recover there. Good luck!

 

[j8282]

Yeah Im in an apartment complex so there is no homeowners nor do i have renters insurance. My wife and I both have apartments right now since she is finishing school in OKLA. This blows I could sue in small claims but the lady is pretty much broke single mother of 2. I would actually feel bad doing it.

 

[altamoreaf]

If I were you I think I would speak with my neighbor again. She might have dropped a cigarette in the car before she got out or something along that line which would make her negligent and coverage would kick in. It all depends on the facts.

 

[sadie]

shouldnt SHE be the one feeling bad.. her car caught your car on fire..

 

[j8282]

Now she did tell me she noticed smoke coming from the dash the night prior. She doesnt smoke either. It wasnt even her car it was her fathers, she was borrowing it since she doesnt have one right now. This blows but I will try to do something about it. Doubt she will admit that it was smoking the night prior at this point but I will ask

 

[617ricky]

Her insurance company should be 100% liable for that.. Hopefully you called the cops right away and had paperwork filled out and shit, cuz that's gonna be important.. I was reading the thread at 1st and saw you said you just have minimum coverage, and I was thinking oh he's screwed.. But then I read the other thread you linked to, and yea - that's exactly what HER insurance is for - damage that her vehicle caused to yours, with zero fault of your own.

 

[muscle96ss]

The below thread explains what happen to my car and how it caught on fire,

http://www.professionalmuscle.com/forums/showthread.php?t=44627

My problem is that state farm ( other car insurance) said they will not claim liability (vehicle is a total loss) for my car since there is no evidence showing there client was at fault but just a freak accident. Basically if she didnt start the fire intentionally they wont cover it.

Isn't that why it is called an "accident". Suppose she was driving in the snow(and driving slowly and cautiously) and hit a patch of ice that caused the car to slide to side of the road and hit your car parked on the side in a parking spot. Who would be responsible? Of course she would be 100% liable. However, she did not do anything intentional or that technically was her fault? No, but that doesn't make a difference, she is still liable. Another example, suppose you are driving and there is a nail in the road that causes your tire to blowout and when it blows out the car swerves and hits the car to your left. Did you do something intentionally wrong? Is the tire blowing out your fault? Hell ,no; but you better believe your insurance is going to be paying for everybodys damages. In fact, what the insurance company is saying is so backwards that if she did INTENTIONALLY set the fire; then the insurance actually would NOT be liable and would NOT cover it.

However, with all that said, you have USAA and they are awesome. It is not your fault and you won't be penalized on your insurance for going through your insurance; so I would do that.

 

[617ricky]

In fact, what the insurance company is saying is so backwards that if she did INTENTIONALLY set the fire; then the insurance actually would NOT be liable and would NOT cover it.

You're exactly right about that, but since he said he doesn't have full coverage on his own insurance, they're not liable for anything.. Liability is only gonna be paying for damage you cause to other vehicles.. But in a case like this, it would never even cross my mind to try and get my own ins. company to pay for this - because there's absolutely no reason her insurance should not be paying you full book on your car.. They're trying to dick you around it seems, which doesn't surprise me at all, but hopefully you have paperwork from the cops to fight it and ensure you collect.

 

[kcbuilder]

WOW, That sux, good luck bro. I'm sure everything will work out for ya.

 

[rotty]

Insurance companies are in the business of not paying. So don't take their word for it they they aren't responsible. Push it further, they are probably hoping that you just let it go. They deny all the time, even when they are supposed to pay out just so they can avoid paying any money. If they deny 5 out of 10 cases, and just one of the people that was denied doesn't pursue it, they are making money. It's a numbers thing. All insurance companies suck. Ask your agent if he or she can review the ladies policy and tell you if the company is just dicking you around.

 

[j8282]

Yeah thats how they are. I spoke to the lady this morning and her dad is pissed bc the claim representative told him that I would sue so he is calling state farm himself. I will contact my insurance today (USAA) bc they told me they would work on my behalf if need be. I should hear back from state farm headquarters today since my mom told them she would leave them if they done me wrong, been with them 20yrs, not sure if they care or not. Thanks for your guys inputs.

 

[kcbuilder]

Well it sounds like you have all the right people giving them an earful. Have they assigned an adjuster to the case?

 

[j8282]

Well looks like I just got screwed so Im trying to sell it as is now, 2 calls already. The state insurance commissioner said pretty much every insurance co is the same. If she is not found at fault they arent liable period! Oh well. Live and Learn

 

[utex45]

Its not real complicated. Liability auto insurance means she has to be held liable, meaning she would have had to be behind the wheel or negligent in some way. Just because her car blows up doesn't mean she/insurance should pay for yours. Ever heard of a no fault accident? In a no fault, everyone's insurance co. picks up their own client. If you had comprehensive I would have thought that would have picked it up.

 

[j8282]

She was behind the wheel as far as starting it then got out. I do not regret not having comprehensive coverage on it bc the car is just not worth it in the long run. It was a free car to me so I really didnt loose to much except the clutch that cost me 600 in OCT 08.

 

[kcbuilder]

Damn bro, sorry to hear that.

 

[617ricky]

That's fucking bullshit.. I would not give in man.. Her vehicle is 100% liable for the damage you sustained.. It was an accident yea, but that's what HER insurance is for lol - damage she accidently causes to someone else..