Insurance Company Bad Faith on my PIP Claim?
- Thread starter ny86
- Start date
- 15,041
Before hitting the attorney, and if Dan says it is time to hire the attorney then it is time to hire an attorney...
I would flat out ask the claims adjuster why they want you to file against your brother's policy. If you don't understand the answer, keep asking again. It doesn't make any sense, but there must be some reason they are saying to do that.
Basically this is the equivalent of telling you to file on the policy of the next guy to walk past your door. He's got nothing to do with it, so I'd keep asking why until I got a clear answer. Hopefully it is all just a misunderstanding somewhere.
I would flat out ask the claims adjuster why they want you to file against your brother's policy. If you don't understand the answer, keep asking again. It doesn't make any sense, but there must be some reason they are saying to do that.
Basically this is the equivalent of telling you to file on the policy of the next guy to walk past your door. He's got nothing to do with it, so I'd keep asking why until I got a clear answer. Hopefully it is all just a misunderstanding somewhere.
- 736
Either the report was written wrong and cause a huge confusion, or i think something along the lines of the rental car was rented under the brother's name.
The only time i had something this confusing and time consuming was
i had 2 households but lives in the same house (2 family house) Older brother upstairs and younger brother downstairs. They were chinese, so they had the names John David Smith and John Donald Smith.
They were both John D. Smith in the "American" system so everything they did wrong credit history/accidents etc... were lumped into one.
Their SSN were switched on the computers on certain government websites too.
So it was a big jumbo of mess.
The only time i had something this confusing and time consuming was
i had 2 households but lives in the same house (2 family house) Older brother upstairs and younger brother downstairs. They were chinese, so they had the names John David Smith and John Donald Smith.
They were both John D. Smith in the "American" system so everything they did wrong credit history/accidents etc... were lumped into one.
Their SSN were switched on the computers on certain government websites too.
So it was a big jumbo of mess.
This is the time and dollar amount to see an attorney.
- Thread starter
- #25
From what they said, my brother has personal car insurance and my insurance (with my dad) is a business insurance (my dad drives a cab). They said the personal insurance must pay the bills before the business insurance. However, my brother did not live or have an active policy at the time of the accident.
The car was rented under my name.
Sounds like you may not have the coverage you think under your dad's policy. However, I don't see how your brother's insurance is sucked into this unless your brother was the driver?
- 736
Not too familiar with taxi insurance but is it with one of the 4 tlc guys in ny? And did they even list you as a driver for the taxi? Not sure how his commercial auto will cover you when its for his taxi business.
Was it business use only or personal use policy?
It sounds like you had no coverage to begin with and your fathers insurance company is telling you to go to a household policy for personal insurance, which doesnt make sense if your brother didnt have insurance anymore.
How did they learn about your brothers insurance. It sounds like the problem here is 1 policy and the whole household did not list their names to be rated drivers to keep premium low.
Did you personally rent the car or it was under your brothers/fathers name? Did you get their accident insurance coverage?
Maybe start from the beginning and tell us the whole story, or just take it to the lawyer if youre not comfortable telling us what happen.
Who rented the car, who was driver, how many people in the car, who has insurance and what kind of insurance, how did the accident happen, what kind of injuries you sustained, what did the insurance company say, whose insurance company you filed with, etc...
Was it business use only or personal use policy?
It sounds like you had no coverage to begin with and your fathers insurance company is telling you to go to a household policy for personal insurance, which doesnt make sense if your brother didnt have insurance anymore.
How did they learn about your brothers insurance. It sounds like the problem here is 1 policy and the whole household did not list their names to be rated drivers to keep premium low.
Did you personally rent the car or it was under your brothers/fathers name? Did you get their accident insurance coverage?
Maybe start from the beginning and tell us the whole story, or just take it to the lawyer if youre not comfortable telling us what happen.
Who rented the car, who was driver, how many people in the car, who has insurance and what kind of insurance, how did the accident happen, what kind of injuries you sustained, what did the insurance company say, whose insurance company you filed with, etc...
Yeah I think they could be trying to deny it on basis of commercial use. Taxi and livery is expressly excluded usually. Even if there wasn't anyone in the car, it might be equipped with taxi devices I'm guessing, advertising on the side?
The reason they would mention his brothers insurance is if its anything like PIP in Florida, is that it pays out for resident relatives. It wouldn't be very hard for them to find out or know about other household members. Companies I work with routinely run consumer reports showing that information. Florida is probably the PIP fraud capital of the US right now. They'll do anything to make sure anyone who lives in the household is listed properly in case they ever have to payout of their insured's policy for their injuries as the case might be here. But since his brother's policy was out of force, no such luck probably. You'll probably be out the first $50K if other insurance is defaulting and PIP is at a minimum $50K. That's the amount you have to go through on your own policy before a tort can be filed.
I'm not licensed in NY though so it might be a little different. Another thing though could be that on a commercial policy you have to be listed on the declarations. Commercial insurance doesn't generally allow for permissive use I don't think like a personal auto would have.
The reason they would mention his brothers insurance is if its anything like PIP in Florida, is that it pays out for resident relatives. It wouldn't be very hard for them to find out or know about other household members. Companies I work with routinely run consumer reports showing that information. Florida is probably the PIP fraud capital of the US right now. They'll do anything to make sure anyone who lives in the household is listed properly in case they ever have to payout of their insured's policy for their injuries as the case might be here. But since his brother's policy was out of force, no such luck probably. You'll probably be out the first $50K if other insurance is defaulting and PIP is at a minimum $50K. That's the amount you have to go through on your own policy before a tort can be filed.
I'm not licensed in NY though so it might be a little different. Another thing though could be that on a commercial policy you have to be listed on the declarations. Commercial insurance doesn't generally allow for permissive use I don't think like a personal auto would have.
- Thread starter
- #29
- I rented the car (my brother and dad were not involved in the accident in any way).
- Me and my spouse were in the car at the time.
- My dad has insurance that is considered a business insurance but covers everyone in the household and any of his passengers. He has 150K in PIP (100K more than the limit).
- I suffered internal bleeding and needed surgery to stop it. My medical bills stand a bit more than 100K.
- I filled with my dad's insurance because that was the only active policy at the time. They came back with EUOs and requested documents. We cooperated with their requests and they came back with "go to your brother's policy".
You had better get a lawyer because it sounds like they are denying the claim. It may be that you do not have the coverage that you think. Do you live in the household with your father? How old are you?
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