Auto Claim Denied without good reason?

by Confused 1
(USA)

I have compressive and collision full coverage. So i went out to a club aug 29 and totaled my car on the way home. It was a pretty bad wreck totaled car and i didn’t come to my senses until i was sitting passenger side of a strangers vehicle. This stranger drove me to a gas station were i was picked up by friends. So basically its almost like a hit and run.

I couldn’t remember anything they asked about my car and I didn’t know so they suggested i report it. I called the authorities and reported my car stolen. The next day I called the insurance company and relayed the info on my car being stolen they said an adjuster would call me.

The insurance company adjuster never called me to ask any questions up until sept 11 6 days after i had left a voicemail saying I crashed the car. So then I also relayed this information to the insurance company on sept 5 via voicemail. So after trying to get a hold of the officer who found my car during the week I finally talked to officers sept 4 and told them the car wasn’t stolen but that I had crashed it myself I just didn’t remember up until i started feeling better during the week.

After a week of leaving voicemails and trying to get a hold of the adjuster so that i can let them know what was going on. Also on sept 11 the officer who found my car called me finally after 2 weeks of no joy voicemails... And told me to file a collision report that he was done with me.

I gave a copy of the collision report to my company. So the investigator comes to my home sept 23 and interviews me trying to pin me on drunk driving though i did admit to 3 beers at 10 o’clock over a period of 4 hours. I did also say i was not drunk and that i did not go to any hospitals after the wreck. Waiting about another month on oct 26 i emailed the insurance to see wat was going on they said im still under investigation and that somebody will get a hold of me during the week. Nov 3 my bank cleared a check my insurance company sent them for the amount owed on the car. Well it took another 3 weeks until nov 17 for a phone call.

And nov 18 i called the adjuster and she says my claim is been denied because I falsified statements about the claim in the beginning. She said they have 911 calls were i can be clearly hears saying if i leave the scene i cant get in trouble. She also said they had sent a check to my bank because they are under contract agreement.

So she says they will sell my car once my title comes in and that i will end up paying the insurance company the difference. They also talked about some small little fees that might come up like stowage and stuff. I mean i know it sounds really bad because i didn’t remember anything in the beginning but i did own up to the wreck once I remembered stuff. Before i even talked to anybody from the company. I just want to know were i messed up if I’m being treated unfairly or do they have the upper hand and right to do this?

Should I talk to a lawyer? I’m a man who takes personal accountability about things but this is just kind of harsh.

Thanks.


Answer:

Hello Confused 1,

You need a lawyer. There are several issues here. 1. The fact that you stated that the car was stolen when it was not. This could bar you from coverage and a lawyer must help you with this. There must be policy interpretation and careful reading of case law in your jurisdiction to see if you do have coverage or not.

The other issue is the fact that you were drinking. Some insurance companies will deny coverage on the basis of that. You will need a lawyer to take a look at that also.

Your mistake (per your questions) was to a. drive while you had three beers and b. tell the insurance company your car was stolen when it was not. “If this was a mistake because of your medical condition” then a doctor would probably have to diagnose that.

You can contact the office of the insurance commissioner of your state and see if they can guide on what to do.


Good Luck,
http://www.auto-insurance-claim-advice.com