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Calling all car insurance agents and lawyers...

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curiopotter

Brilliant_Rock
Joined
Dec 27, 2006
Messages
658
On my 6th I had my vehicle towed for being illegally parked. The towing company damaged my differential by towing it incorrectly. I have an AWD vehicle, and they''re supposed to tow it on a flat bed, and instead, they towed it on a dolly from the back. I called the towing company that night and the next morning to tell them about the damage...

To make a long story short, they admitted fault, and wrote a check to the dealership that I was getting my car repaired from. BUT, the check was recanted and cancelled because they said they didn''t have my contact information. I was out of town for a week, even though I called at LEAST 5 times and left my phone number with them before I left.

So when I got back, I gave them a call because they hadn''t contacted my dealership. She said their billing lady would write a new check and it should be there by Tuesday after Labor day and that she''d hand deliver the check to my dealership. Wednesday she calls to tell me they couldn''t write me another check (for whatever reason), so they were going to go through their vehicle insurance to pay for my damages.

I just got off the phone with their insurance agent, and he says they weren''t covered under the policy during the time they damaged my vehicle, for lack of payment on their behalf, and Progressive can''t pay for my damages because they weren''t covered. Their agent then tells me to call my insurance company up, and file a claim with my insurance to pay for the damages to my car. This means I have to pay a $250 deducable..

I''ve been so unbelievably patient with these people, and honestly, I just have none left. My car has been in the shop for almost an entire month. I''m borrowing a car from my dad because renting one puts a $25 premium per day ontop of the rental fee because I''m underage (18-24 have to pay a premium and I''m 24). It comes out to about 80 bucks per day to rent a vehicle, and I don''t want to rent one uness I know I''ll be reimbursed.

I just called the towing company back to let them know their insurance company won''t pay for my damages, and the owner gives me the tower''s phone number (her husband) and tells me to call him.. and when I tell him "Your insurance company informed me that they''re denying payment because you were not covered under their policy under that time", he says "What?? Let me call you back because that''s not what''s going on." and then hangs up. I''m about to punch a wall-- I just want my car fixed and back in my driveway!

Should I just file a claim with my insurance company? Should I get an attorney? I hate threatening people because it does no one any justice and rarely motivates anyone. But either way will leave me out of pocket..


I don''t know what''s the best action to take. Thanks for any help.
 

B Vice

Rough_Rock
Joined
May 19, 2007
Messages
18
Curio, I work for a company that insures many tow truck companies. Hopefully I will have a little expertise and information for you. First thing is to contact Progressive again and set up a claim. Even if the policy is cancelled, you can still set a claim up and make them prove there is no coverage. Request a denial letter stating there coverage does not apply and why. If they do have coverage, they should pay for the damage to your vehicle. However, they probably wont have coverage for the replacement vehicle (standard policy exclusion).

If you get a denial, contact your insurance company. Most likely, they will not have coverage either as this will fall under the mechanical failure exclusion. If your policy does cover this damage, its probably easiest to go through your company and deal with your deductible. Request your insurer subrogate the damage back to the tow truck company. This is why you pay premium and they should refund your deductible and not raise your rates as they will get all of their money back.

If your insurance company does not cover this damage. You should contact an attorney to file a small claims suit to recover your danmages from the tow truck company. It sucks and will take time, but it will probably be your last resort.

If you have additional questions, let me know. Hope this helps.
 

curiopotter

Brilliant_Rock
Joined
Dec 27, 2006
Messages
658
B Vice,


Thanks for the great advice, I was so lost.
 
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