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legalgems
legalgems, Lawyer
Category: Legal
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Experience:  Just Answer consultant at Self employed
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I had my camper stolen and the insurance company will not

Customer Question

I had my camper stolen and the insurance company will not pay. What are my options? Insurance company said inconsistent in the story. All I have is my brother left my camper at a friends and it was stolen from his house. The investigator said there was know phone call from my brothers friend saying it was stolen, which I know he called. I also have new information about the camper, I posted a reward on Facebook to see if anyone knew where it was and his brother posted the guy's name who stole it and I contacted the police there and they said they would look into it and talk with my brothers friend and the police say they can't find my brothers friend to talk to him. I need to know what I need to do and my options because we had to buy a new camper out of our pocket because of this thief
Submitted: 1 year ago.
Category: Legal
Expert:  legalgems replied 1 year ago.

Most insurance companies will not cover car theft until a police report is filed. If the insurance was contacted first, that can be the basis for their denial. One can call back and provide them with the police report number and contact information.

Insurers can deny a claim based on fraud, but this is not common.

Here is the state department that oversees the industry and a complaint can be filed:

http://insurance.arkansas.gov/contact.htm

Also an insurer has an appeals process for denied claims- the agent can provide this information as to who needs to be contacted to appeal.

If the insured continues to refuse, one can file a Breach of insurance contract lawsuit; if successful the court can award actual damages (cost of car, legal fees, court costs) and even punitive damages if the court determines they acted in bad faith.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 1 year ago.
I filed with the police first and I have also had a meeting with the investigator under oath, she said she went to my brothers friends house was unable to get down his road because it was so bad and that can't be true because he takes big trucks rigs down his road so I'm not sure if she went to the wrong place or what but she had know communication with my brothers friend because he will not answer the phone for her or he won't answer for me so I'm just left without a camper.
Expert:  legalgems replied 1 year ago.

If the insurer fails to investigate and wrongly denies a claim, then the next step would be to hire an attorney to file the breach of insurance contract lawsuit and to request damages.

Expert:  legalgems replied 1 year ago.

Checking in on the above; hopefully the insurance company has reopened the case. if not please be sure and contact an attorney to provide assistance.

Thank you for using JA.

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