Date: Tue, 5 May 1998 19:43:48 -0400
Reply-To: Gary Stearns <gstearns@SPRINTMAIL.COM>
Sender: Vanagon Mailing List <Vanagon@vanagon.com>
From: Gary Stearns <gstearns@SPRINTMAIL.COM>
Subject: Re: THANK YOU all...more than 20 pmail responses to my "van
totaled question"
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-----Original Message-----
From: John C. Villines <jcvinc@MAIL.ATL.BELLSOUTH.NET>
To: Vanagon@VANAGON.COM <Vanagon@VANAGON.COM>
Date: Tuesday, May 05, 1998 7:46 AM
Subject: THANK YOU all...more than 20 pmail responses to my "van totaled
question"
John-
I missed the original post, but I may be able to help. I am an owner of an
insurance agency in Connecticut with clients that have one car and clients
with business operations all over the world. We go to bat for clients at
claim time constantly.
If you are claiming the damaged van from the insurance carrier for the
vehicle that hit it (as you should be, but this assumes that this car was
insured), you are to some degree "in the drivers seat". If you are able to
demonstrate the value of your VW (including recent upgrades/improvements)
you're in good shape already. However, if you find that this insurance
carrier is only talking about "book value" for the average van in average
condition, you've got some work to do. The responsible driver is liable for
the damage or replacement of YOUR van, not a generic average van.
First, don't be intimidated by the claims adjustor. In my 21 years in the
insurance business, I've dealt with few that have any "people skills". Many
are rude and inconsiderate; especially when dealing with a claimant that is
not a customer of his/her company.
Don't be afraid to flex your muscles. Threaten to complain to the insurance
commissioner, and if ultimately needed, do it; with a copy of the complaint
to the adjustor (no need to involve his supervisor...yet). In Connecticut
complaints like this are taken seriously by the Commissioner. The adjustor
has 10 days to respond to the complaint justifying his actions. The
complaint becomes a permanent part of the adjustor's licensing file.
Hopefully that's true where you are also.
I'll bet that your problems will by now be solved. If not, now is the time
to ask the adjustor who the "claims manager" for his office is, and for a
phone and fax number of that person. Fax all of this to that person.
If all of this fails, threaten to sue the driver, and threaten to take the
issue to the court of public opinion: ie lettters to the editor of the local
newspaper, and any other periodical that would strike fear into the
insurance company. Be careful though, when you do this you are playing in
dangerous territory. Be sure that anything you say that will be published
is factual, honest, and devoid of unsubstantiated accusations. You don't
want to sued over this.
The bargaining power that you have falls into two areas: There is a point
where most insurance companies will pay what you want just to make you go
away; to make you stop being a pest. They are also quite concerned about
reputation and public opinion. They don't want letters to the editor
painting them as abusive corporate monsters.
Finally, do come prepared to justify the $$$ that you need to be compensated
for the van. Don't pick a number from a hat, and don't inflate the number.
When looking for help in this situation you MUST be creditable and honest.
Good luck! If I can help further e-mail me again.
Gary
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