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Old 07-26-2012, 12:58 PM   #1
Rathji
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Default Resolved - Insurance companies need to hold onto witness info?

So we were hit a few weeks back and we gave our witness's details to the adjuster for the company of the person who hit us, when he came out and surveyed the damage.

They call up again today and say that not only have they 'lost' the witness information, but the guy who hit us has changed his story into one that would move it into a 50/50 fault situation.

Now, due to issues beyond my control, we no longer have the witness information and it is looking doubtful that we will be able to provide that information again. This seems really shady on the part of the insurance company, since the story changing magically happened at the same time as them losing the witness information. My insurance company agrees with me that it is questionable.

Anything that can be done? BBB?

What can happen to that guy if he filed a false accident report and I can later prove it?

Anyway, just pissed right now, as this is the second accident in less than a month that is not my fault and both are going to end up costing me money out of my pocket.
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Old 07-26-2012, 01:01 PM   #2
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Was a police report filed?
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Old 07-26-2012, 01:12 PM   #3
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I think so, we didn't file one since we didnt think it was large enough to require one but apparently he did.
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Old 07-26-2012, 01:13 PM   #4
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What happened in this accident?
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Old 07-26-2012, 01:14 PM   #5
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Quote:
Originally Posted by Raekwon View Post
What happened in this accident?
Parking lot, he backed out of his spot into our van.
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Old 07-26-2012, 01:16 PM   #6
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Parking lot, he backed out of his spot into our van.
I'm pretty sure i witnessed that accident . . . . problem solved
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Old 07-26-2012, 01:42 PM   #7
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nm...didn't read properly.
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Old 07-26-2012, 01:51 PM   #8
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I'm not a big city lawyer (crowd gasps) but you probably have two choices. Get what you can from the other guys insurance, or hire legal counsel and sue the insurance company.
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Old 07-26-2012, 02:31 PM   #9
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I don't have any real advice but a similar anecdote.

Woman hits me (would you believe it was an asian woman!?!). We both file police reports. She admits fault at pretty much every step of the way.

When it comes time for her insurance company to pay, they refused claiming she wasn't at fault and saying that her statement to them claims she wasn't at fault. All this despite the fact she admitted fault in her police report.

Eventually her insurance company paid. I think, memory is a little fuzzy it was almost a decade ago, that my insurance company got involved to fight for me because they don't like paying out claims.

Just to clarify that last sentence, I mean my company fought the other company on my behalf because otherwise I was going to make a claim and despite the fact they could have jacked my rates, they don't ever like having to pay and as such helped me make the other company pay.

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Old 07-26-2012, 02:37 PM   #10
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Quote:
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Now, due to issues beyond my control, we no longer have the witness information and it is looking doubtful that we will be able to provide that information again.
Why is this?
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Old 07-26-2012, 02:39 PM   #11
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Lets just call it technological malfunction combined with improper data redundancy or backup system (or you could look in the tech forum if you really want more details).

We had the information when the adjuster came out a week or so later, but it has since been lost.
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Old 07-26-2012, 03:13 PM   #12
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seems to me that your insurance company dropped the ball here and that they should just make this right.

has the insurance companmy admitted they lost this, somewhat important info?
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Old 07-26-2012, 03:27 PM   #13
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Their (as in the person who hit our van) insurance company has said they lost it.
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Old 07-26-2012, 05:07 PM   #14
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Was it your new van, Rathji?!
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Old 07-26-2012, 06:32 PM   #15
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So the company that lost the info, has admitted this. Seems to me that they should make it right....
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Old 07-26-2012, 06:49 PM   #16
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Quote:
Originally Posted by Sopure View Post
Was it your new van, Rathji?!
Yep!
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Old 07-26-2012, 06:52 PM   #17
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Quote:
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So the company that lost the info, has admitted this. Seems to me that they should make it right....
Yep, that's my opinion as well.

We have escalated it and hope to hear back soon. Although with insurance companies, my guess is I will hear something by Christmas!
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Old 07-26-2012, 07:07 PM   #18
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Seems to me that if the insurance company continues to give you grief, then it would likely be time to call a law talking guy.....
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Old 07-26-2012, 07:34 PM   #19
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Call both insurance companies and ask them about the injuries that were in the original report. If they say there were none, tell them to produce the reports, because you are sure such info was put into said report.
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Old 07-26-2012, 07:43 PM   #20
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Just an update:

Got a call back from the supervisor of the adjuster who assures us that the contact information for the witness is all in the file, and there 'must have been a misunderstanding' when her employee tried to push a several thousand dollar repair bill onto my insurance instead of paying for it.

All is good, but it confirms my belief that insurance adjusters are pretty much the scum of the earth.
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