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Insurance co vs agent & E&O?
What are my next best steps?
Refunding me is not the point -- I paid for coverage, I was honest.
Caught between insurance company, agent w/an ex bf. = headache
Now I have serious loss of income, expense and damages and no car. Car pd in full by ME and in my name.
Background:
I had a roommate/ex. I thought my car was vandalized. I called the agent and then the police as advised.
The agent told me I was covered. I had signed a "no loss" waiver that day and my agent saw my car. However agent didn't take any pictures.
Later that day, I found my car smashed where I had left it parked.
After talking with the police (who thought I was lying and I wasn't to my knowledge at the time) -- and then adding up my roommate's/ex's actions I realized that my car wasn't vandalized but actually used w/o my knowledge or permission.
(Obviously no more roommate/ex.)
So I continued w/the insurance company and body shops.
At first I was told the police report was time stamped before the incident. I was straight up with the adjuster -- I told her when I had filed the report, I honestly believed that my car was vandalized. Only in the days following did I add up the pieces and given some questions/actions realize it wasn't.
(Yes give me points for stupidity.)
Now underwriting is claiming b/c I signed the "no loss" the same day, it is not covered. I told the adjuster so I should have waited a day and committed fraud? Adjuster is telling me to go after agent. I asked the agent for the E&O but no disclosure and now he is backtracking fast --boy does his story change; he is an independent broker/agent.
At first the agent did call the insurance company and tell them he had seen the car -- will they have a record of that?
The insurance is willing to refund me my insurance payments that I have been making through the process --
Is there an easier way than a lawyer? This is costing me a ton of time and a huge headache/stress.
How do I verify if it is actually a midnight timeframe -- I would never have driven my car that day to the agent for him to see if I knew I was driving w/o insurance???
FYI: I finally got the police report from my insurance comp. (Broward is just screwed up in so many ways.)
The time stamp is accurate -- I even asked them since the cops took pics and it was dark how could it be before noon? (I don't do well this bureaucracy.)
Had to leave the car there for a few days; the damages from when the police took pics and when I had the tow guy get it and take pics at location -- well damages are greater and pics are different. So ex bf/roommate did copy the key.
It is a bit more complicated but this is part of the basics.
(This is just part of the problem -- but advice on this aspect is appreciated.)
Note: also I don't want to go after the ex (who I now know has a criminal record and tendency if it will just put me in greater danger.) I do not have a criminal record and no desire for such.
Of course this is South Florida.
Any money/jewerly he stole is gone --so a civil suit will get me nowhere and proving it will be hard aside from his switching the apt to his name and taking my deposit and a few destroyed items I bagged for fingerprinting if necessary-- just beautiful. Guess he knew I was trying/planning to leave anyway. (I selected safety and abandoned so I know I forfeited rights there ; yes I should have called the cops but I didn't. I didn't realize he had switched the apt until after. I ran and started changing my bank a/c info, etc. I did start w/the Atty General, etc.)
Obviously not a great situation. At first I left the county, then I left the state but now I have to go deal with this and trying to do as much as possible from a distance.
Apologize for the length; hesitate to submit but advice is appreciated.
2 AnswersInsurance1 decade agoAre cars more expensive in South Florida?
Others seem able to buy cars for $2K or $5K with a clean title, etc. Where do I find such a car? I haven't been able to find something reasonable w/a clean title. I started with an $8K - $10K budget but would like to keep it a bit lower, pay cash and move on. I was looking for a 3 - 5 yr old car, with less than 60K miles that had a clean title and wasn't a prior rental/dealer inventory car. Definitely not a rebuilt or salvage title.
Preferably a civic, mazda or toyota. I would like airbags for protection, relatively practical, handles well, likely a manual for better transmission despite stop and go... any ideas? My budget realistically doesn't allow for a new car, and I really don't want car payments. I would rather pay cash and get it over and done.
Should I start looking for late 90's? The amazing thing is there are 2005/2006 cars with 100K plus miles. It doesn't make sense to me to put that much money into a car with over 100,000miles.
Any guidance appreciated. Priorities: economy, safety, handling, practical, reliable, price. And that is ALL IN or OTD. Thank you!
3 AnswersBuying & Selling1 decade ago