Viper vs Insurance co woes...Need a lawyer

[01RedCognacRT]

Well I'll get right to the point.

My viper was unfortunately wrecked last year..that's right last year. I've been waiting for a front frame section for over 8 months from Dodge. The part has been backordered forever with no release date in sight. So now they want to replace the entire frame which is apparently available. I want out but the ins co refuses to total it. I have seen the estimates from them and the shop and it it clear the ins co is padding the #'s in their favor.

I really need a qualified lawyer who deals with bad faith insurance claims. Can anyone suggest a qualafied attorney that I can contact? Located in So Cal...Thanks...

Regards,

Dave

 

[RayC]

Well I'll get right to the point.

wrecked last year..that's right last year.

That is unbelievable. Sounds like you have been more than patient.

 

[2002_Viper_GTS_ACR]

They should also be paying you for loss of use. This is insane.

 

[4chenry]

Personal friend of Laurel Lee Hyde at Stephenson Worley on B Street downtown. 619-696-3500. Good firm. Good luck.

Christine

 

[GTS Bruce]

Why would anyone want to total a completely renewed car.Just like brand new all over again. GTS Bruce

 

[Venomiss]

I believe that each state has a Commissioner of Insurance and if I were in your shoes I'd be documenting your plight with pictures/report of all that has transpired to submit pronto.
This might be helpful for you.

Insurance Commissioner Steve Poizner
Sacramento Office
300 Capitol Mall, Suite 1700
Sacramento, CA 95814
916-492-3500
916-445-5280 (fax)
San Francisco Office
45 Fremont Street, 23rd Floor
San Francisco, CA 94105
415-538-4010
415-904-5889
Los Angeles Office
300 South Spring Street, South Tower
Los Angeles, CA 90013
213-346-6464
213-897-9051 (fax)
Consumer Hotline:
California Department of Insurance
Consumer Services Bureau
300 South Spring Street, South Tower
Los Angeles, CA 90013
1-800-927-HELP (4357)
Out-of-state 213-897-8921
Back to main page

 

[JonB]

I believe that each state has a Commissioner of Insurance and if I were in your shoes I'd be documenting your plight with pictures/report of all that has transpired to submit pronto. This might be helpful for you.

Insurance Commissioner Steve Poizner
Sacramento Office
300 Capitol Mall, Suite 1700
Sacramento, CA 95814

THIS IS THE BEST PEICE OF ADVICE YOU CAN FOLLOW. Your Insurance company does not fear YOU, or your Lawyer. They have more lawyer $$ than you. THEY FEAR ONE THING: STATE INSURANCE COMMISSIONERS, who ALREADY work for you...at no extra charge. USE THE DATA kindly provided........

 

[JonB]

I believe that each state has a Commissioner of Insurance and if I were in your shoes I'd be documenting your plight with pictures/report of all that has transpired to submit pronto. This might be helpful for you.

Insurance Commissioner Steve Poizner
Sacramento Office
300 Capitol Mall, Suite 1700
Sacramento, CA 95814
916-492-3500

VENOMISS has provided you the BEST ADVICE you can follow. Your insurance company does not fear you, or your lawyer. They have Waaaay more lawyer $$$ than you. They fear ONE entity: STATE INSURANCE COMMISSIONERS. Guess what? The I.C. already WORKS FOR YOU. Use the list. And read your policy about LOSS OF USE - REPLACEMENT EQUIVALENT VEHICLE COVERAGE. They have failed you miserably.

 

[GTS Bruce]

I understand loss of use but what's wrong with a completely new handbuilt car on a new frame.Probably turn out superior to factory. GTS Bruce

 

[01RedCognacRT]

Thanks for all the advice, I have contacted the state insurance commisioner. I should hear something in the next 1-2 weeks. Most lawyers I have spoken with who deal in "bad faith" insurance don't seem very interested at this point unless I pay a retainer/hourly fees.

As far as a repair goes, although I'm sure the shop can do an excellent job, I am leary of a repaired vehicle with extensive damage, used replacement parts and the diminished value after the work is completed.

I'm not sure what options I'll have if I am denied by the state insurance dept. Sigh...

 

[2002_Viper_GTS_ACR]

I understand loss of use but what's wrong with a completely new handbuilt car on a new frame.Probably turn out superior to factory. GTS Bruce

Turn out better by a guy(s)/gal(s) who do body work on a ton different cars vs guys who build them every day of their life in the factory?

Nope, I'll take a factory car over someone's attempt at building one themselves.

 

[Finally got it !]

Turn out better by a guy(s)/gal(s) who do body work on a ton different cars vs guys who build them every day of their life in the factory?

Nope, I'll take a factory car over someone's attempt at building one themselves.

X2. It took quite some time to get my 05 back to shape after an accident. And there was no frame or mechanical damage.

 

[T.C.z.]

I know this doesn't help you, but it really is on topic. This is why you really should purchase your insurance through an independent agent. They represent both you and the company, and a good agent will have good relationships with the carriers. It also gives you someone to call and talk to about claims, premiums and coverage, rather than trying to call 1-800-QUESTIONS and getting a different hourly worker every time. The commissioner idea isn't bad, but insurance companies will always listen to your lawyer before anyone from such a bureaucratic place like the insurance commission.

 

[Lee00blacksilverGTS]

There is NO way that car cannot be considered a total if you need at least a front frame. That means you need a hood too, right? And a front fascia, radiator and all the other goodies for a front ender. The insurance company HAS to be pricing used parts rather than new or it would be a totoal for sure. You have the right to insist on new parts, that will run up the cost to the total level. Just went through this last year and all I needed was top frame rails, hood and fascia for a light front ender and Geico totaled it.
Your BEST resource is JobB, he just posted on the thread and his contact info is there, call him for advice on how to get it totaled, he has helped many of us with this including me, without his advice I would have been at the insurance companys mercy. He is THE authority on what Viper parts cost and has talked quite a few insurance companies into converting to a total. It also helps that hs is a potential buyer for the salvage Viper.

 

[01RedCognacRT]

Hood and front bumper are both used, otherwise your right it would have been an easy total since the hood alone is almost 20k. According to my policy, I appearantly have the rights to new parts only if the car is less than 3 years old.

Just received my letter from the Ins. Commisioner, they are doing a full investigation of the claim and I should have an answer in the next few weeks here....

 

[01RedCognacRT]

Well no luck with the CA Dept of Insurance, the viper will be repaired.

New Problem-My case was closed in the spring of 2007 as a "No Fault Accident". I recently received a message stating that in light of the circumstances my claim will now be considered "At Fault". Nothing had changed, no new information here from the time the accident occured in 2006.

Not only have I lost the case for a "total", lost my case with the CA Ins Comissioner, waited 10 months+ for my viper, now I am getting royally screwed again with an "At Fault" claim which will undoubtedly make my rates skyrocket!

I am beyond ********** at this situation. Any suggestions as to where to go from here? I haven't been able to find a good insurance lawyer who will take my case on contingency. =(

Viperless Dave 10 Months and going...

 

[ViperJay]

pay the retainer to a bull dog attorney. mutter the words "spike, sick balls". sue for damages. mental duress, erectile dysfunction, anything you can think of....

 

[Flyntgr]

Dave, every jurisdiction is different. Your state might provide for penalties for late settlement or tender of some amount. I'm in the same boat you're in, and I'm a 36 year lawyer. I handled my own property damage claim, but it was unnerving to be both advocate and client. GET A LAWYER!!!!! If they won't do it on contingency, then PAY the lawyer hourly, but don't let the B******* get you to give in. The accident report filed by the officers investing the accident should be able to help you with the commissioner, the lawyer, and the suit you will need to file. Don't try to represent yourself. But hire a fairly good insurance, trial lawyer! It's better to get something other than the round-around!

 

[dave6666]

Well no luck with the CA Dept of Insurance, the viper will be repaired.

New Problem-My case was closed in the spring of 2007 as a "No Fault Accident". I recently received a message stating that in light of the circumstances my claim will now be considered "At Fault". Nothing had changed, no new information here from the time the accident occured in 2006.

Not only have I lost the case for a "total", lost my case with the CA Ins Comissioner, waited 10 months+ for my viper, now I am getting royally screwed again with an "At Fault" claim which will undoubtedly make my rates skyrocket!

I am beyond ********** at this situation. Any suggestions as to where to go from here? I haven't been able to find a good insurance lawyer who will take my case on contingency. =(

Viperless Dave 10 Months and going...

Liquor store?

Gun show?

 

[Venomiss]

__________________
JonB-PartsRack
If It Fits On or In A Viper, PartsRack Probably Has It.
8am-5pm Pacific 360.837.3937. Thanks
Online Shopping - Home

Call him even if it is on a Monday. Tell him what happened and maybe he can give you some good advice. Sorry to hear what has transpired.

 

[JonB]

.............
Just received my letter from the Ins. Commisioner, they are doing a full investigation of the claim and I should have an answer in the next few weeks here....

I thot you were willing NOT to have the car totalled, but repaired instead. You have several posts to that effect....... Depending on the Ins co and the age, the % of value will determine the total... 50% + damage is a trigger, some are 60% of replacement value

You say you LOST this Insurance Comm investigation? Was their investigation only as to eligibility for a total? that is, the INS Co acted WITHIN your policy and your rights? Did THEY find you were at fault? If so, perhaps those findings changed your claim status. As YOUR advocate, not the insurance company's , what were their findings / opinion?

If CA said it was a no-fault accident, and the Ins Co punatively changed it to at-fault (because you appealed to CA) they you may be eligible for loss+punative damages as well as your loss-of-use (policy spells this out)

Something is not being stated here....namely the accident details! Details have no bearing on TOTAL vs Rebuild.....but have everything to do with Fault.

 

[Bill Pemberton Woodhouse]

Also , do you have a clause for diminished value with your policy. A new frame , that extensive of damage , and the car will be worth a ton less when you try to sell it!

Give me a call , also , if you need some help, as we have fixed numerous Vipers, have a very concrete idea on value after fixed , and can likely get you information that will assist your claim.

Best of Luck,
Bill Pemberton
Woodhouse
[email protected]
1-800-889-1893

 

[01RedCognacRT]

Thanks for the replies guys.

Jon I'll go back to the beginning of this saga, I initially agreed to go ahead with a repair based on what appearead to be mostly "cosmetic damage". After three months of waiting and realizing the damage was more significant, I tried to get out of it completely.

The company damge claim adjuster for my insurance co said it was repairable based on his #'s. They also had to deal with the the viper having sat at a shop for several months and the storage fees were significant.

The CA Dept of Ins was brought into this to show the actions of the Insurance compnay were unreasonable waiting 8 months with no completion date in sight. This was based on the fact that a front frame was backordered from Dodge during this entire timeframe. I had also mentioned that the insurance co initially quoted me 15k in "salvage value" but changed that to 8k after disassembly of the vehicle. Clearly this doesn't add up if the diassembly charge is 2k. CA Dept of Ins findings basically restated my position and that of the insurance company making no determination of fault, as this had already been settled in the spring as "no fault" .

The insurance company said it was no fault in the spring case closed, CA Dept of Ins took no position on the matter and suddenly a few days ago my insurance company told me it's now "at fault". Clearly, I see this as a punitive measure for giving them headaches over my claim.

As for accident details, cold morning with some dirt on roadway. 25mph spin in far right lane, pass front tire touched curb which it then jumped hitting a street sign. No speeding, no ticket issued.

Bill I didn't see anything about 'diminished value' in my policy. The valuation may come in handy down the road, thanks...

Viperless Dave 10 months+

 

[Venomiss]

Keep us posted on what you end up doing-and what happens.

Really hoping you have a good ending to your Viper story.

 

[01RedCognacRT]

I just filed a new complaint with CA Dept of Insurance for the latest thing my ins co screwed me on..waiting to see what happens...