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golfduke
golfduke HalfDork
1/11/17 8:47 a.m.

I get that... Not railing on anyone or anything specifically, just railing on the E36 M3ty situation that the OP has found himself in.

My house only sits ~15' away from a very busy road. We are also almost directly at the turn in/track out point of a pretty sketchy corner, so this is somewhat relevant to my interests. On a good snowstorm, we've been averaging 3 vehicles in our field across the street. I think it's only a matter of time before one of those becomes my yard. I'd hate for this situation to happen to me.

golfduke
golfduke HalfDork
1/11/17 9:21 a.m.

So I know nothing about insurance, but one of my best friends actually writes car insurance for several states for the Hanover Group. I sent him a link to this thread and he just emailed me. Again, not saying this is word of God, but he is incredibly smart and knows his E36 M3 around insurance typically. Take whatever you'd like out of it, but this is coming from a friend that I'd completely trust without doubt-

First off, he needs to get AT LEAST 1 more contractor estimate, preferably 2. Generally, the more estimates = the better case he'd build heading to arbitration, which is the likely outcome of this. Additionally, the insurance adjuster may see the contractor 'friend' as a conflict of interest and fight against that estimate. He should be working with independent contractors at least on the estimate side. If he can get the ins company to settle on an independent value, he can still use his 'friend' to complete the work, so long as that $ is reasonable to him. Now. Depending on the girl's insurance limits he may be able to file it under her auto insurance. But if the total cost to repair the house costs more than her policy limits then they may just cut him a check and I'm not sure how he'd get the remainder to cover the repairs. It may be worth a phone call to them (her insurance) to see what kind of limits she has to see if he could simply supply them with the contractor estimate(s) and get a check cut. That would be the easy button. There are so many variables as to his insurance and his policy contract that I can't say for certain what's going on but probably his best course of action is to send a certified letter to his insurance company advising that he is filing a complaint with the Mass Department of Insurance because in his view they are currently operating in bad faith. And that if they are not willing to settle this claim in a reasonable manner of time (60 days is typical), that he will be forced to file suit accusing the insurance company as such. There's usually an arbitration clause within the policy contract that stipulates if you and the adjuster can't come to an agreement with the amount that's due that they can go to a 3rd party arbitration to settle the dispute. At the very least if I was the guy I would call the claims department today, ask to speak to the claims manager for either the state or the region and ask why they're not willing to budge off the number. If they are convinced that this is the number that would cost to rebuild the home then THEY need to find a contractor that can complete the repairs with the given budget, itemized to include ALL repairs (not just the foundation damage). I would also ask for the 'xactimate' details that the adjuster used to come up with the $12k figure so that he can then discuss it with one of the contractors to see how they arrived at the $12k number. If a contractor can do a red-line type correction to the adjuster's original estimate it may help provide some "juice" in getting the insurance company to budge. Furthermore he may want to start talking to the adjuster about how the house is currently unlivable due to the cold and if the insurance company isn't willing to start working to settle this claim then he's going to have to start using his Loss of Use coverage and staying at a hotel where they'll have to start picking up his hotel and food bills. more pressure + more money = quicker settlements, 99% of the time. He has to go through the proper channels to do so, though.

And then a very quick end email following-

Paul - guy I talked to here also said it'd probably be a good idea to send the certified letter with as many estimates as he can gather and a letter advising how the $12k estimate is unreasonable. Send a certified copy to the adjuster, the manager, the regional manager, the VP of claims, and the president of Liberty Mutual. I can assure you when our president gets a complaint in the mail it's hitting people's inbox within hours asking WTF is going on and why it isn't settled. I know there's 3 sides to every story but this honestly doesn't make any sense to me. Why would Liberty be jerking around their own insured when they are just going to subrogate the claim against the other insurance company anyway? It just doesn't make sense at all.
java230
java230 Dork
1/11/17 10:26 a.m.
golfduke wrote: I get that... Not railing on anyone or anything specifically, just railing on the E36 M3ty situation that the OP has found himself in. My house only sits ~15' away from a very busy road. We are also almost directly at the turn in/track out point of a pretty sketchy corner, so this is somewhat relevant to my interests. On a good snowstorm, we've been averaging 3 vehicles in our field across the street. I think it's only a matter of time before one of those becomes my yard. I'd hate for this situation to happen to me.

Im in kind of the same situation.... Im on a T intersection. I found some BIG ass rocks when I was excavating for the foundation. They are piled where a car would go if it missed the T (which is right next to my driveway)

ebonyandivory
ebonyandivory UltraDork
1/11/17 10:33 a.m.

Wow! Either you guys are making me feel better (which allows me to think more clearly) by saying "this sucks and I'm mad for you" or are providing me inside looks at what might be going on and what to do next (for FREE).

If I haven't already, I want to thank you all so far for the help in whatever form it's come in.

I'm humbled by the support.

carknut
carknut New Reader
1/11/17 10:56 a.m.

In reply to ebonyandivory: "an we just put a claim into the drivers insurance " Yes should have been done the day of the accident. Insurance co's don't care about loyalty, however there has to be someone who can read the notes and see the multiple attempts at correspondence. They are there, even if you're told they're not. Claims depts record telephone calls.

About GolfDuke's post: Ebonyandivory do you have the acronym ACV anywhere in your homeowner's policy? IF you do it is very important you get the claim started with the drivers carrier. Start the claim with their national 1-800 number don't leave it to the liable person, her agent or anyone else. I bet there is an open claim on the date of loss already either for physical damage to her car, or injuries sustained in the accident.

Klayfish
Klayfish UberDork
1/11/17 11:18 a.m.

Golfduke, You mentioned your friend writes policies, so is he an underwriter? If so, I'm impressed, many of them have very little claims knowledge. I agree with most of what he wrote...the one thing I don't agree with is that if the tortfeasors' policy limits are less than the damages that they'll just write a check. If that's the case, they'll let OP know and he'd have to sign a release before getting those policy limits. Otherwise, I totally agree. OP should have a copy of the Xactamate estimate written by the Liberty Mutual adjuster, he's entitled to it and it should have been given to him (if it wasn't already). From there, the appraiser and chosen contractor need to agree on scope of work, and the rest should be smooth sailing. Something weird here.

carknut, Actually, most claims departments do not record calls, unless they're taking a recorded statement from you about the loss. In that case they specifically advise you it will be recorded and ask your permission to do so before they start recording.

spitfirebill
spitfirebill UltimaDork
1/11/17 11:24 a.m.

In reply to Klayfish:

He was an independent adjuster. I've never had any other trouble with any other adjuster or insurance claim.

carknut
carknut New Reader
1/11/17 11:28 a.m.

Klayfish, You are right, I mean document. Every time you talk to claims they get your name, claim number and they log it. At least they are supposed to in today's litigious environment. I've had to go back on that process to prove correspondence.

I wonder if the OP doesn't have an ACV clause on his policy, it would be an explanation why Liberty Mutual is done. Even still, they should subro against the liable party, or at least have correspondence showing an attempt to file with the liable party's carrier.

golfduke
golfduke HalfDork
1/11/17 1:02 p.m.
Klayfish wrote: Golfduke, You mentioned your friend writes policies, so is he an underwriter? If so, I'm impressed, many of them have very little claims knowledge. I agree with most of what he wrote...the one thing I don't agree with is that if the tortfeasors' policy limits are less than the damages that they'll just write a check. If that's the case, they'll let OP know and he'd have to sign a release before getting those policy limits. Otherwise, I totally agree. OP should have a copy of the Xactamate estimate written by the Liberty Mutual adjuster, he's entitled to it and it should have been given to him (if it wasn't already). From there, the appraiser and chosen contractor need to agree on scope of work, and the rest should be smooth sailing. Something weird here. carknut, Actually, most claims departments do not record calls, unless they're taking a recorded statement from you about the loss. In that case they specifically advise you it will be recorded and ask your permission to do so before they start recording.

By writing claims, I mean that he actually writes policy mandates and stipulations for 5 or 6 states. He basically researches trends, state laws, and writes the actual mandates that the underwriters have to follow. He's pretty high up in the food chain, so to speak, and is more responsible for the structuring of policies on a state-wide basis rather than writing individual policies.

He's much smarter than me, so if that doesn't make sense, it's most likely my misunderstanding of what he does.

dean1484
dean1484 MegaDork
1/11/17 2:46 p.m.

In reply to ebonyandivory:

I sent an email to a friend of mine that is an agent for Liberty Mutual (My agent) She handles all my corporate insurance as well as my personal. She may be able to help with a contact in Liberty Mutual that has the authority to move something like this along. If she can help I will PM you with anything more specific that she gives me.

On another note if you don't have an agent this may be a good reason to get one.

ebonyandivory
ebonyandivory UltraDork
1/11/17 2:47 p.m.

In reply to dean1484:

Thank you very much!

dean1484
dean1484 MegaDork
1/11/17 2:51 p.m.
ebonyandivory wrote: In reply to dean1484: Thank you very much!

You have a PM with a copy of the email I sent.

ebonyandivory
ebonyandivory UltraDork
1/11/17 3:04 p.m.

In reply to dean1484:

That's great! Thanks again!

z31maniac
z31maniac MegaDork
1/11/17 6:28 p.m.
dean1484 wrote: # In reply to ebonyandivory: I sent an email to a friend of mine that is an agent for Liberty Mutual (My agent) She handles all my corporate insurance as well as my personal. She may be able to help with a contact in Liberty Mutual that has the authority to move something like this along. If she can help I will PM you with anything more specific that she gives me. On another note if you don't have an agent this may be a good reason to get one.

Agents can't do anything other than call the Claim Rep and complain. Most of them don't even know the policies.

Over the last 15 years, the focus for them has moved toward financial products since there is a much larger commission attached.

dean1484
dean1484 MegaDork
1/11/17 6:46 p.m.

My agent has been doing this for decades before you were born (as long as I have been alive) She has a rolodex of numbers that is very very impressive. I am not guarantying anything but it is worth asking.

dean1484
dean1484 MegaDork
1/11/17 6:51 p.m.

If this fails I have another avenue in to Liberty Mutual but it will cost me some personal collateral if you know what I mean. I am not ready to use up those favors at the moment.

mr2peak
mr2peak Dork
1/12/17 3:42 a.m.

Reminds me of Trina..

ebonyandivory
ebonyandivory UltraDork
1/12/17 5:01 a.m.
dean1484 wrote: If this fails I have another avenue in to Liberty Mutual but it will cost me some personal collateral if you know what I mean. I am not ready to use up those favors at the moment.

No no no! What you've done is more than enough! I'd never ask for anything more than that e-mail.

On my end, I have a contractor coming today (12th) to give me another estimate and this guy is a nice guy but not a friend and he does many of these insurance repairs. In fact, he just finished a fire restoration that used homeowners as well.

Wish me luck!

Klayfish
Klayfish UberDork
1/12/17 6:08 a.m.

Good luck!! It's great that you have a contractor coming, but what's going on with the Liberty Mutual end? Do they know the contractor is coming? You're kind of spinning your wheels if not. You need to get some action from the LM end. Find out what the claim status is, have them bring their adjuster out to meet your contractor, etc...

Nothing at all wrong with what dean1484 is doing, I know plenty of people at LM too, but you really don't need to do the inside favor thing. Like I said, be firm and professional and push to either get the rep to address your concerns, or the manager/director. Should be all you need.

ebonyandivory
ebonyandivory UltraDork
1/12/17 7:29 a.m.

In reply to Klayfish:

I'm having the estimate done today and will call LM the minute he leaves but we have two phone calls to the adjuster handling our claim already and he hasn't called back and this is, I believe, day 11 (after leaving two messages).

I'm going to ask for any helpful hints from the contractor. It'll be good to see what input he may have since he's been involved with several very similar cases.

Edit: my wife is calling LM now to tell them about the upcoming estimate.

dean1484
dean1484 MegaDork
1/12/17 7:36 a.m.

@Klayfish

Is there any reason to have the contractor that he had comming call the insurance company? Will that help? Or is it a wast of his time and or just interfere with the process?

Klayfish
Klayfish UberDork
1/12/17 8:05 a.m.

It won't hurt. It would be bolstered if OP called LM and said "This is the contractor I want to use, he's going to be calling to discuss a scope of repairs".

ebony, If you've left two messages and they're not returned, that's completely unacceptable...I know I don't tolerate it. Get a hold of the claim manager promptly.

golfduke
golfduke HalfDork
1/12/17 8:09 a.m.

That^ Call the main number for the office your adjuster is at, and politely but firmly demand that you speak to his/her manager. Leave 2 messages, wait a few hours, rinse and repeat with their respective boss. This is beginning to appear that it's going to be a 'squeaky wheel gets the grease' situation. You just need to squeak more to higher placed people.

ebonyandivory
ebonyandivory UltraDork
1/12/17 8:16 a.m.

Text I just got from my wife:

"When I left a message today the outgoing message says I apologize I'm out of the office till Thursday the 12th which is today he said if you need assistance to call some other guy and his number so I just left a message see if he returns it today but when I called on Tuesday that was not the outgoing message it was just a normal one"

Now, this is the third (or is it the 4th?) time that she's gotten an "I'm not in the office until X date, leave a message and I'll get back to you" outgoing message.

edizzle89
edizzle89 Dork
1/12/17 9:16 a.m.

at this point i would buy a junky car, find out where the adjuster lives and go run the car into the side of his house. That way he will know exactly what you are going through which should get him to pick up the pace a little bit

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