Joined: Sat Dec 10 2005, 04:28PM
Location: United States
Posts: 4954
A few of you know my 59 Saratoga was hit by a tractor trailer last July 28th, 2006. To date, October 30, 2007 we are still not settled. I had just brought this home from the body shop in Florida.
It wasn't off the trailer a week and was side swiped by a truck
AIG, the insurance company lied to me, manipulated the information, deliberately lost documents, manipulated and lied about the witness statement, kept no records of the witness interview and generally dragged their feet in settling. They told me the proof was on me to verify their insured hit my car. What the hell! I had a witness! 9 months later they interviewed the witness! They told me the witness said almost nothing. I hardly know the witness, have only met him a few times in the last year. But I happened to run into him the next day when he told me he was on the phone with them for 45 Minutes! He also said they didn't want to hear the truth and tried to manipulate everything he said.
Being very angry at this point I got a hold of the Supervisor, who is Michele Trouche in Atlanta. She supported what her subtenants did and refused to back down. Meanwhile my emails are getting bigger and bigger, trying to keep everything in writing.
With no satisfaction as of March, I wrote to the State Insurance commission. They found more evidence of manipulation. They found in my favor. They also stated my rights are violated because state law dictates a settlement within 45 days. Not 345.
Now we are at time of closure. The state says I do not have to sign a release. But AIG, who is now agreeing to pay the full $3900 dollar estimate, wants me to sign a release which I disagree with the terms. I keep asking for a reason and proof I have to sign one, but she keeps dodging the issue. I have accused her, today, of trying to flex her large corporate muscle, which does not scare me. I refuse to sign it because I disagree with the terms. I keep telling her I do not have to sign it! Michele Trouche and AIG stink! She is just being a stubborn B.
Through this whole ordeal I told them "I AM NOT GOING AWAY". She hasn't seen anything yet. In a few days the search engines will pick up on this. Then it will start to mushroom.
Joined: Wed Oct 12 2005, 12:14PM
Location: Antarctica
Posts: 702
Unfortunately, moore often than not, this is the way insurance companies work. In my own profession, I have to deal on a regular basis with insurance companies, and most they do is searching vague excuses just in order not to pay, and in the meantime, cash in as much premium money as possible, hiding behind untruths etc. AIG is my companies liability insurer since 2005, and they havent been of any use up till now. Disgusting bunch
Joined: Tue Oct 11 2005, 01:33AM
Location: Calgary, Alberta
Posts: 5893
Your are between a rock and a hard place once you get a lawyer involved on a $3,900 claim since you know the legal fees will eat much of the claim.
I've had some experience chasing small claims where people or businesses owe me funds. I generally follow two rules of thumb.
First, rather than getting too involved writing messages in which my words may have a different legal meaning than I intended, I go to small claims court and explain my side once to the judge.
My second rule is if there is no way to use small claims and a lawyer is inevitable conclusion, I start promoting a deal. I start at 75% and work down from that on the assumption that anything is better than nothing.
Joined: Wed Jun 21 2006, 09:38PM
Location: OK
Posts: 899
I feel your pain! I had a beautiful '70 Ford F250 that I bought from my dad, who was the second owner of this California truck. It got tossed nearly 300 feet in a tornado four years ago. It was professionally appraised at $8,000 by TWO appraisers prior to the storm. USAA (bunch of ****** THEY are!!!) offered me a whopping $2,880 for the truck. WTF???
I had to go to the State Insurance Board for arbitration. The jacka$$es at USAA finally coughed up $4,500. This, after nearly five months of wrangling, plus I had reams of documentation, receipts, etc, which were next to worthless, according to USAA.
Stick to your guns!!! Insurance companies want to wear your a$$ out and make you accept whatever, just to end the a$$pain. I have no use for the scum-sucking, mouth-breathing inbreeding M-Fr's. Any of you forum members insurance adjusters???
[ Edited Tue Oct 30 2007, 10:43PM ][ Edited Tue Oct 30 2007, 10:44PM ]
I have confirmed, again, exactly what I have been telling you all along.
I do not have to sign a release, you cannot make me. Forcing the issue is a violation of the law. It's actually extortion. But you have to pay me regardless. You can insist on it all you want. Give it up. You can't win. If anything, you will loose more.
Phase 2 has begun. I can call off the dogs or you can deal with the PR.
Phase 3 is even better.
Then there is a final stage which will cost AIG thousands. I assume you have the authorization to approve that. . .
Check in my hands by Friday. That's your only deal. Then and only then, I go away.
I would love to be a fly in her little cube watching the looks on here face with all the blastings I have been giving here.
It's interesting. Last year, within a week, Roger, Scott and I all got our cars damaged. Roger just got his finished not long ago. I have to assume he went through some hell. Scotts was cut and dry. Mine was the most complicated because it was hit and run and had no vehicle insurance.
I could have gotten a lawyer for this, but now that the broken laws are documented by the state, I can go into court in a different mode. I don't have to sue for repairs of the car, I already won that part. I can sue for extortion and damages. THAT is where the money is. And after 14 months, I will make them pay. Ahhh I need a new garage anyway.
Too bad so many words are sencered. I'd really say how I feel about AIG and this bimbo! Yeep Yeep Yeep Yeep
I had the same kinda crap happen when some kid pulled out in front of my wrecker a few years ago. The moron adjuster told me that since I did not have full coverage on my wrecker that they did not have to cover the claim WTF . I had just finished putting in a new engine earlier the day it was crashed (had 75 miles on it)along with new brakes all around, new radiator, and clutch pp and throw out bearing they offered 1200 I told them I'd take 10k then they started dragging their feet but I had been smart enough to keep track of the calls that I could not take (picking up junk cars) so that I could charge them for the lost revenue as I'm a business. It took a few days and some very nasty phone calls and face to face conversations but I did get 6,500 outa the ba$tard$. Lawyers and insurance people are both just about the worst to deal with!!! !whip !whip !whip !whip
Joined: Tue Oct 11 2005, 01:33AM
Location: Calgary, Alberta
Posts: 5893
If I was in Ms Troche position, I'd probably just shake my head if I got a confrontational letter filled with vague threats, none of which are specific enough to warrant any action on my part.
Of course you will have to sign some sort of release to limit any further liability once you accept a final payment and I highly doubt there is any law in the world that states otherwise. It takes two things to close a claim, an agreement of payment and a release of claim.
It's easier to catch bees with honey than vinegar!
Joined: Sat Dec 10 2005, 04:28PM
Location: United States
Posts: 4954
Wrong Bill
The laws in the state of New Jersey are clear. I DO NOT have to sign anything, releases, adendums, anything to get paid. I got paid on the overspray on the Polaraco with out it. Pretty quick too
Vague? Yes I guess this one is. I don't think the word Extortion is too vague though. I want her guessing. I want her wondering what I can do. I want her to start wasting time and looking for it. I'm messing with her like she did with me for the last 14 months. I don't want her trying to stop me until the momentum is so great, they will have no choice. It will only take a few days for the search engines to scan the 1/2 dozen forums and start moving it up the ladder. The more activity, the more the search engines will help the cause. It works that way
Nope. It was delibrate. She'll porbably go crazy when she finds out she's named. . .
By the way, I closed an email to her earlier today saying "First Ammendment. Wonderful thing" I don't know if you know what that means. . . Thanks for the help Bill
Joined: Tue Oct 11 2005, 01:33AM
Location: Calgary, Alberta
Posts: 5893
Polaraco wrote ... Wrong Bill
The laws in the state of New Jersey are clear. I DO NOT have to sign anything, releases, adendums, anything to get paid.
I'm trying to be constructive so don't take my comments as personally critical. While I agree with your claim and agree the insurance company needs to be fair, I just don't think you have the leverage to do much forcing.
If Jersey law is clear on the issue, simply quote the statute number and let her look it up, maybe she's not familiar with Jersey law. Then of course she may be operating in a different jurisdiction and some fine print in a policy says all claims will be resolved under the laws of that jurisdiction.
As far as Internet blackmail, I doubt many people, who count, either read it or believe what is said. To be successful you'll need a huge amount of Internet traffic or figure a way to get one of the wire services to pick up the story. Be a lot easier if you were a big name movie star and the claim was for a high value exotic car.
The insurance company rep you are dealing with is just a cog in a big wheel trying to do her job and probably couldn't care less what anyone posts on the Internet. To resolve this one, you're going to have to sit down and negotiate without threats, otherwise you run the real risk of simply being ignored until you lawyer up and settle for pennies on the dollar.
I don't know if the US is the same as Canada, but we have a provincial and a federal insurance ombudsman who have the power to arbitrate with their decision being final and binding on both parties. To make this work for you, write a snail mail letter objectively outlining your claim, the settlement you feel is warranted and the insurance companies offer. Send a registered copy to both the insurance company and the ombudsman. I used this approach with a bank that was screwing me around on a building purchase. The bank quickly settled once the first letter went out CC'd to the banking ombudsman.