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Old 01-09-2013, 02:12 PM   #29
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I'll try to be brief with this. Other than restate all that melstuplich posted I will just say he is correct in all of his assumptions. My RV (34' Class A) is insured, the trailer was not mine, I mentioned my un insured cargo trailer just to acknowledge that some of us do not have insurance on trailers we use to haul motorcycles and such with as they have the insurance already as does the hauling vehicle, yes I may reconsider that for my own trailers. As far as Gary K7GLD saying why not go to the ins company right off as they are the experts, he must have better experiences with his agents than I typically did with mine. They in my opinion are usually of the find someone else at fault (even you the insured) and blame them. Just trying to get some viewpoints before I went to war so to speak. Thanks all for your responses, much appreciated. For the record, I traveled to the races last F/S, and Sunday. When I returned my RV the trailer was gone, the chalks that I had placed were still there, that is the type of goon I am dealing with. The owner will only say he is gone and won't be back.
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Old 01-10-2013, 09:14 AM   #30
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Insurance agents often are of little help these days - many of them are just sales people. File a claim with your company, give them the information about who/what caused the damage, and let them sort it out. They will decide if its worthwhile to try to collect from someone else. There is a risk, however, that they will decide their cost will be less to simply pay the claim (and you absorb the deductible) than to chase after the other guy. But if the cost of repair is high enough, they will be motivated to go after the other guy(s).
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Old 01-10-2013, 09:33 AM   #31
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Quote:
Originally Posted by YZF571 View Post
When I returned my RV the trailer was gone, the chalks that I had placed were still there, that is the type of goon I am dealing with. The owner will only say he is gone and won't be back.


I think your insurance company is going to be mighty ticked off that you waited so long to report the incident to them. You started this thread eight days ago so presumably the accident is nearly two weeks old....and now the bad guy got away!

What chance does your insurer now have to even investigate, let alone potentially cut their own losses?

In my opinion you've made a bad thing worse by dithering along getting opinions from folks (us) with no stake instead of going directly to the company that does business with you.

I wouldn't be at all surprised if your foot-dragging results in a rate increase, which might have been avoided had you notified your insurer immediately as your agreement with them very likely requires you to do .
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Old 01-11-2013, 01:12 AM   #32
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I think your insurance company is going to be mighty ticked off that you waited so long to report the incident to them. You started this thread eight days ago so presumably the accident is nearly two weeks old....and now the bad guy got away!

What chance does your insurer now have to even investigate, let alone potentially cut their own losses?

In my opinion you've made a bad thing worse by dithering along getting opinions from folks (us) with no stake instead of going directly to the company that does business with you.

I wouldn't be at all surprised if your foot-dragging results in a rate increase, which might have been avoided had you notified your insurer immediately as your agreement with them very likely requires you to do .
While it should have been reported earlier, I doubt it will make a difference, certainly here in washington. The insurance company can still sort it out since the rental lot should have the contact info for the owner.

Worst case scenario is that they will deny the claim, although I really doubt that. They would have to prove they have been prejudiced by the delay. Washington has pretty strong rules protecting insureds.
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Old 01-11-2013, 10:10 AM   #33
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While it should have been reported earlier, I doubt it will make a difference, certainly here in washington. The insurance company can still sort it out since the rental lot should have the contact info for the owner.

Worst case scenario is that they will deny the claim, although I really doubt that. They would have to prove they have been prejudiced by the delay. Washington has pretty strong rules protecting insureds.
I disagree with your "worst case scenario" assertion- I neither said nor do I think that a denial is likely, or even possible under any State's law .
BUT
As I did say, it's probable that the O.P.'s delay in reporting the incident to the insurer will be viewed very dimly by the insurer since one's obliged under the terms of most policies to notify them IMMEDIATELY of losses.

People too often forget that it's the insurance company's loss, not the insured's, and as such the insurer is entitled to prompt notification.

I based my post at least in part on my own experience...

I once had a fender bender in Tacoma, swapped information with the other party and continued on my way. Didn't get home 'til nearly midnight. The next morning I was telling my hubby about it and the phone rang...it was my insurance agent calling about the incident. The other party had contacted them before I even had time to get home. The company's biggest beef was that, according to them, "I had not reported the accident in a timely fashion"!

Say what???

As if I'd even had time.....

That theme was reinforced when the claims investigator contacted me. Probably since I have an otherwise spotless record, that incident had no effect on my rates/coverage...but I have no doubt that it went down in the record as a "strike" of some kind.

Most insurance companies operate by the same rules, and in a case like this where the two weeks' delay has resulted in the clean "escape" of the supposedly guilty party, one can hardly blame them if they're torqued off enough to raise the claimant's rates or even cancel coverage, after paying the claim, of course.
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Old 01-11-2013, 10:40 AM   #34
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Originally Posted by Francesca View Post


I think your insurance company is going to be mighty ticked off that you waited so long to report the incident to them. You started this thread eight days ago so presumably the accident is nearly two weeks old....and now the bad guy got away!

What chance does your insurer now have to even investigate, let alone potentially cut their own losses?

In my opinion you've made a bad thing worse by dithering along getting opinions from folks (us) with no stake instead of going directly to the company that does business with you.

I wouldn't be at all surprised if your foot-dragging results in a rate increase, which might have been avoided had you notified your insurer immediately as your agreement with them very likely requires you to do .
Ditto on this. I suggested when this started to get ahold of their insurance company. Your points are well taken. I think by dragging their feet, they've shot themselves in the foot. It seems that nothing has transpired on this. Doesn't do no good to ask for advice if your not going to act on any of it.
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Old 01-11-2013, 11:13 AM   #35
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Quote:
I think your insurance company is going to be mighty ticked off that you waited so long to report the incident to them. You started this thread eight days ago so presumably the accident is nearly two weeks old....and now the bad guy got away!

What chance does your insurer now have to even investigate, let alone potentially cut their own losses?

In my opinion you've made a bad thing worse by dithering along getting opinions from folks (us) with no stake instead of going directly to the company that does business with you.

I wouldn't be at all surprised if your foot-dragging results in a rate increase, which might have been avoided had you notified your insurer immediately as your agreement with them very likely requires you to do .
AND:

Quote:
Originally Posted by Francesca View Post
I disagree with your "worst case scenario" assertion- I neither said nor do I think that a denial is likely, or even possible under any State's law .
BUT
As I did say, it's probable that the O.P.'s delay in reporting the incident to the insurer will be viewed very dimly by the insurer since one's obliged under the terms of most policies to notify them IMMEDIATELY of losses.

People too often forget that it's the insurance company's loss, not the insured's, and as such the insurer is entitled to prompt notification.

I based my post at least in part on my own experience...

I once had a fender bender in Tacoma, swapped information with the other party and continued on my way. Didn't get home 'til nearly midnight. The next morning I was telling my hubby about it and the phone rang...it was my insurance agent calling about the incident. The other party had contacted them before I even had time to get home. The company's biggest beef was that, according to them, "I had not reported the accident in a timely fashion"!

Say what???

As if I'd even had time.....

That theme was reinforced when the claims investigator contacted me. Probably since I have an otherwise spotless record, that incident had no effect on my rates/coverage...but I have no doubt that it went down in the record as a "strike" of some kind.

Most insurance companies operate by the same rules, and in a case like this where the two weeks' delay has resulted in the clean "escape" of the supposedly guilty party, one can hardly blame them if they're torqued off enough to raise the claimant's rates or even cancel coverage, after paying the claim, of course.
YUP - on BOTH opinions!

Dragging feet asking NON-insurance Internet bulletin board "experts" for random opinions, while failing to notify the insurance in a rapid, timely manner, is a pretty sure fire way to get the cold shoulder...

And to THEN blame the insurance company for THEIR possible reluctance, seems pretty unfair and unrealistic - perhaps this same scenario caused similar past results?

Otherwise, for sure, if MY insurance carrier proved to be so lax in handling my claims (they never have!) that I instead trusted random opinions from folks NOT in the insurance business - and I have never seen or known personally - and probably never will - I'd dern certain be looking for a different carrier!

Which is a good reason I do business personally, and face-to-face with an agent just 2 miles away, rather than one of these "close as your telephone", over-the-horizon outfits that supposedly save you lots of money while taking YOURS regularly - but aren't around when a claim arises...
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Old 01-12-2013, 03:01 PM   #36
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holy buckets you guys...this stuff isn't that tough.
Yes, all policies require you to report loss.
Yes, insurance adjusters will whine if they think you're late.
No, they cannot deny coverage unless they are prejudiced by the delay, at least here in washington and any other state I've dealt with.

Here's the appropriate language:

Noncompliance with a policy provision does not deprive the insured of the benefits of the policy unless the insurer demonstrates actual prejudice resulting from the insured's noncompliance. The burden of proof is on the insurer; prejudice is ordinarily a question of fact. Oregon Auto. Ins. Co. v. Salzberg, 85 Wash.2d 372, 377, 535 P.2d 816 (1975)

to establish actual prejudice resulting from insured's delayed notice of claim, so as to support coverage denial, liability insurer must adduce affirmative proof of advantage lost or disadvantage suffered as result of delay which has identifiable detrimental effect on insurer's ability to evaluate or present its defenses to coverage or liability;

Canron, Inc. v. Federal Ins. Co., 82 Wash.App. 480, 918 P.2d 937 (Wash.App. Div. 1,1996)

so in this situation, if the insurer gets the relevant info on the trailer owner from the rental place, its hard for them to be prejudiced. the fact that the trailer is not around makes no difference. Offending vehicles leave the scene all the time, or at least are long gone by the time an insurance investigation takes place.

As for a rate increase, cancellation or non-renewal. The delay is not likely to have any impact. That fact that a claim is filed might, depending on a host of factors.
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Old 01-12-2013, 03:35 PM   #37
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I agree the OP should talk to his insurance company unless something got worked out.

Fault would appear to lie with the other rig. Doesn't matter if someone pulled the chocks, etc., -- the way that works is that the OP collect from the other rig's owner, which can then attempt to collect from the evil chock-stealer. His obligation to the OP is NOT contingent on the chock-stealer making good.

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