Posted: Jun 12, 2013 2:21 PM
I finally resolved the claim for my e24. It has been, what feels like, a very long and stressful process. After declaring the car a total loss, the insurance company for the school bus company (actually self-insured) did not contact me for 15 days, despite my repeated efforts to open the channels of communication. It seemed that they were blowing me off. However, once I finally got in touch with them, it became clear that for whatever reason, they had forgotten my claim. The adjuster came unglued on me when he realized the car was still sitting at the shop accruing storage fees. I told him the car was not drivable and that I had been trying for over two weeks to work out my claim. He basically tried to scare and intimidate me into believing that the storage fees were my responsibility. Another week went by of the adjuster and his supervisor playing every game in the book trying to wiggle out of the storage fees. They went as far as to send me a letter threatening to close my claim if I did not accept their first and lowest offer as well as pay the storage fees at the shop. 35 days at $65 per day adds up. I learned that most adjusters are accountable for every penny they pay out. His mistake in letting the car sit was obviously a very big one in his world.
I was lied to numerous times, threatened, and treated very poorly. In the end, the adjuster buried himself by not taking care of my claim in a timely manner. His negligence resulted in over $2500 in storage fees that he was responsible for. He tried at every turn to trick me or intimidate me into paying them. In the end, his conduct including outright lies and threats, were the key to me settling the claim. I consulted an attorney and used the information I received to construct a very firmly worded email laying out a case against the insurance company and, principally, the adjuster for acting in "Bad Faith." Most states have a law that states, essentially, insurance companies and adjusters must act in "Good Faith." Failing to do so is actionable. This means that they must be honest, responsive, and reasonable. It is a subjective thing, obviously.
Fortunately, I had been instructed early on to document everything. I kept notes on every conversation, every time I left a voicemail, and every email I sent. This made it very easy to demonstrate bad faith conduct on their part. For example, between 5/13 and 6/7, I did not receive a call back or receive a single email. I had one contact with the adjuster after 7 emails sent and 14 attempted phone calls. I also began to put as much pressure on them as I could. I called the Seattle Schools superintendent, the Seattle Schools Risk Manager, and a few other people. I attempted to let them know that I would not be intimidated and I would not go away easily. The tone changed immediately upon receipt of the email laying out my case. I used the lawyer card with discretion. I am sure they hear it every day. However, I believe that doing it properly and demonstrating that you are truly prepared to take action is the key.
So, I am relieved and happy to be done with this process. At every step, I maintained my composure despite my desire to scream at these people. I repeatedly told them that I was ready at any time to settle the claim in a reasonable and civil manner.
For future readers of this post, document everything. Save every email, take notes on every phone call, and try to communicate in writing (email), as much as possible. They may try to avoid the latter. Research the law in your state because it is different everywhere you go. If you are not treated properly, you can report to your state's insurance commissioner. When it comes to valuation, find good comparable, and use the NADA collector car guide. My settlement was based more on NADA than anything else.
I have the car home now. I chose to bring it home and pay a $300 salvage fee. I am not sure what I am going to do with it at this point. Not sure I want to part it out. I might try to find a local E24 enthusiast looking for a project. My brother and I are concluding a 2 year E28 build and I am not interested in a repair of this magnitude.
Thanks for all the support and comments.
Paul
I was lied to numerous times, threatened, and treated very poorly. In the end, the adjuster buried himself by not taking care of my claim in a timely manner. His negligence resulted in over $2500 in storage fees that he was responsible for. He tried at every turn to trick me or intimidate me into paying them. In the end, his conduct including outright lies and threats, were the key to me settling the claim. I consulted an attorney and used the information I received to construct a very firmly worded email laying out a case against the insurance company and, principally, the adjuster for acting in "Bad Faith." Most states have a law that states, essentially, insurance companies and adjusters must act in "Good Faith." Failing to do so is actionable. This means that they must be honest, responsive, and reasonable. It is a subjective thing, obviously.
Fortunately, I had been instructed early on to document everything. I kept notes on every conversation, every time I left a voicemail, and every email I sent. This made it very easy to demonstrate bad faith conduct on their part. For example, between 5/13 and 6/7, I did not receive a call back or receive a single email. I had one contact with the adjuster after 7 emails sent and 14 attempted phone calls. I also began to put as much pressure on them as I could. I called the Seattle Schools superintendent, the Seattle Schools Risk Manager, and a few other people. I attempted to let them know that I would not be intimidated and I would not go away easily. The tone changed immediately upon receipt of the email laying out my case. I used the lawyer card with discretion. I am sure they hear it every day. However, I believe that doing it properly and demonstrating that you are truly prepared to take action is the key.
So, I am relieved and happy to be done with this process. At every step, I maintained my composure despite my desire to scream at these people. I repeatedly told them that I was ready at any time to settle the claim in a reasonable and civil manner.
For future readers of this post, document everything. Save every email, take notes on every phone call, and try to communicate in writing (email), as much as possible. They may try to avoid the latter. Research the law in your state because it is different everywhere you go. If you are not treated properly, you can report to your state's insurance commissioner. When it comes to valuation, find good comparable, and use the NADA collector car guide. My settlement was based more on NADA than anything else.
I have the car home now. I chose to bring it home and pay a $300 salvage fee. I am not sure what I am going to do with it at this point. Not sure I want to part it out. I might try to find a local E24 enthusiast looking for a project. My brother and I are concluding a 2 year E28 build and I am not interested in a repair of this magnitude.
Thanks for all the support and comments.
Paul