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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 46287
Experience:  Attorney with 29 years of experience.
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Need 2nd opinion from somone who thinks there can be something

Customer Question

Need 2nd opinion from somone who thinks there can be something done about this in my favor:
Car Insurance Claim Denied: I rented out my car and it got stolen. They say that when I signed up for insurance, if they had known it was going to be rented they wouldn't have covered it. They knew that the vehicle was for business and registered in the company name. When getting the insurance, they asked several questions such as, are you hauling anything and other questions that I honestly answered that had nothing to do with renting out the vehicle. There is nothing in their contract that states that it can't be rented. The reason they say they denied the claim is for misrepresentation by not informing them that it was going to be rented.

1) Do I have any chance of successfully perusing this in some way?

2) How would I go about doing it and is there a special type of attorney?

3) They strung me along for 6 weeks deciding if it will be covered or not and made it seam hopeful. I don't see why they needed to do this when it should be an easy answer from the start if the reason was that it was rented. I told them this from the beginning of the claim.

Please answer the questions and let me know any creative or best way to go after this. Please help!!! Thanks
Dealing with Geico
Submitted: 12 months ago.
Category: Legal
Expert:  Richard replied 12 months ago.
Hi! My name is XXXXX XXXXX I look forward to helping you!

You do have recourse here. This is typical of insurance companies. The insurance company doesn't simply get the unilateral right to deny a claim because they are not exactly an unbiased party. Write the insurance company a certified, return receipt requested letter explaining the situation in detail and demand that they agree to pay your claim within a short specified period of time or you will have no choice but to file a claim against them. Be sure to mention you intend to file this claim as not only a breach of contract claim, but also as a failure to reasonably settle, which will entitle you not only to actual damages, but an additional amount equal to multiple times your actual damages as punitive damages. This is typically all you need do, because insurance companies want to avoid punitive damages and the bad publicity that comes with failing to settle. If it's necessary to file the suit, you would want to hire a commercial trial lawyer. Under my terms of service with JustAnswer, I'm not allowed to make a specific recommendation, but I can give you direction. You would want to either contact the state bar association or your nearest law school for a referral. I prefer the latter because they take great pride in their graduates and will take a more personal interest in making sure your referral is a good one because it will be a reflection of the school. But, this is not a complicated case so you would only need a 1-2 year lawyer rather than a more experienced lawyer with the higher billing rate that comes with that experience.



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Richard, Attorney
Category: Legal
Satisfied Customers: 46287
Experience: Attorney with 29 years of experience.
Richard and 16 other Legal Specialists are ready to help you
Expert:  Richard replied 12 months ago.
Thank you so much for the positive rating! I truly appreciate you taking the time to do that!
Customer: replied 12 months ago.
Can you provide an example letter or some statements that would be good to use in a letter, that specificly relates to my specific situation. If you can't, can you open this up to somone else?
Thanks
Expert:  Richard replied 12 months ago.
Yes...here is a template for you to modify for your particular facts.


By Certified Mail, Return Receipt Requested
_____________________
_____________________
_____________________

Re: [Policy Number: ____________________-]

To Whom It May Concern:

I am writing to you concerning difficulties I am having with your company paying my insurance claim. [Describe the situation just as you did in your original narrative].

As an insured, I pay my premiums on a timely basis and when a situation occurs requiring a claim to be paid, I expect my insurance company to pay the claim. Insurance companies survive based on this trust and are entitled to have confidence where there is a claim that their insurance company will: i) timely pay the claim as promised, and ii) be responsive to their insured’s needs by returning phone calls and emails as well as frequently updating them on the status of their claim. You have basically failed on both of these fronts by refusing to pay my claim in hopes I will simply accept your unilateral and biased decision and by failing to timely respond to my inquiries. I do not know whether this is an isolated incident or not. I suspect that it is not.

I am writing you this letter to give you an opportunity to put this situation to bed by simply agreeing to paying my claim in full. I have very little sense of humor remaining with regard to my experience with you and your company, and this is going to be my only attempt to resolve this amicably. If you do not pay this claim within ten (10) days of this letter, I will immediately file a formal complaint against you with the state insurance board and pursue any and all legal and equitable remedies available to me. This will include causes of action for breach of contract, deceptive trade practice, failure to reasonably settle, and bad faith.

Should you have any questions concerning this matter or if any part of this letter lacks clarity to you, please do not hesitate to contact me at [Insert Phone Number].

Sincerely yours,

Richard, Attorney
Category: Legal
Satisfied Customers: 46287
Experience: Attorney with 29 years of experience.
Richard and 16 other Legal Specialists are ready to help you
Customer: replied 12 months ago.
I am still awaiting the denial letter but it should arrive soon. Is it a bad idea to send a letter before hand?
If I send now do you know where to send at geico?
Expert:  Richard replied 12 months ago.
Thanks for following back up. They have many different addresses depending upon where you are located. But, if you look at your policy it should provide an address. But, I would actually wait to get your denial letter so you can refer to it specifically. I'll keep you in my prayers!
Richard, Attorney
Category: Legal
Satisfied Customers: 46287
Experience: Attorney with 29 years of experience.
Richard and 16 other Legal Specialists are ready to help you
Customer: replied 12 months ago.
Thanks man! The Lords the Boss :)
Expert:  Richard replied 12 months ago.
It's been my pleasure! God's always got it! You're welcome!

And, thanks again so much for taking the time to give me such a positive rating! Means a lot!

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