QuestionHello Again Sir,
I am sorry to keep bothering you with this same situation, however, I am having a hard time dealing with this whole situation. I am wanting more information on the examination under oath. Have you ever attended one? who's involved? The reason I am asking is that I was told (lol.lol)by someone that the attorney is going to be really tough on me, and they (or him/her) are going to be interrogating me for hours on hand, even as much as accusing me of having a part in the crime against me. Can you shed some light on this??
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The text above is a follow-up to ...
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If asked to take an examination under oath, is that done when the insurance co is going to deny your claim?
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The text above is a follow-up to ...
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My car was stolen the first week of November 2006. Before I knew it was gone, it had been stolen, vandalized, burned, and picked up by the police. the insurance co declared it a total loss, and still has not paid my claim. I have spoken with investigators, as well as the insurance rep numerous times. They are claiming that they are NOW trying to see if there was a key in the ignition, due to the fact that the car was severly burned, they cannot tell. I have given them the keys to the truck, however to me......they are focusing more on waisting time prolonging my claim, in order to take their time paying it. I have paid my car note 3 times, without even having the car. what's going on? i have never been through this before, so Im not sure how the claims process works. DOes it usually time this long??..pls advise.
-----Answer-----
Dear Renee,
This is WAY TOO LONG to wait for a settlement of your claim. You should be entitled to transportation for some part of this wait.
What is happening is that this claim is under investigation for fraud. Something about the incident, the way it was reported, your credit report history, or the condition of the vehicle when found has triggered an alert for fraud within your company.
They can ask you to give a statement under oath, or they can even ask to subject you to an examination under oath--called a deposition.
Thus, you will want to be very careful in what you tell their investigators. Make sure you speak with accuracy and do not exaggerate of make assumptions in your statements.
But for right now, I would go on the offensive. I would contact your state insurance commissioner http://www.settlementcentral.com/links.php ASAP and find out what the standards are for adjusting such a claim.
I would also find out how much transportation allowance you are entitled to. You get the rental car allowance whether or not you actually used a rental car.
As for their valuation in totaling the car, be sure to do your own homework by checking with local dealers, newspapers, car sales magazines for the region, and online at www.autotrader.com and www.edmunds.com.
Remember that the little cute computer print out that your adjuster is going to use to support his valuation IS NO MORE ACCURATE THAN YOUR RESEARCH.
In fact, those valuation services have been sued for just interpolating values when there were no real sales in an area.
Also remember that what you find listed is not the sales price, but the asking price. So your actual cash value may be less.
Here is a page with information on getting value for your add-ons. http://www.settlementcentral.com/page0007.htm
Don't forget to claim any personal property lost in the theft.
Also, know that you get extra for the unexpired license fee, and for any new tires and equipment added to the car. Of course you do not get anywhere near the full cost of such assets, but you do get the same amount as the market place would have given for that asset. For example, a new set of tires at $360 dollars, with only 4,000 miles wear on them, should bring some increase in the market place. Perhaps only $100 to $150, but still that is something you can build on for added actual cash value. Think of other work that you did that could add value to the car in the market place.
One last thing, Renee. If you want to explore keeping your ride and fixing it yourself with used and/or NON-OEM parts, let me know with another question and I will give you some suggestions on how to buy back your ride and fix it and re-license it and still come out ahead.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
-----Answer-----
Hello again, Renee,
NO, being required to give a statement under oath does not mean that they have made a decision yet. Instead it means exactly what I said it means in my first answer. Something about you or this claim has triggered a fraud alert.
Go back and read that answer for tips on how serious this is. ALSO, DON'T FORGET ABOUT THE TRANSPORTATION EXPENSE MONEY THAT IS OWED TO YOU. Call your insurance commissioner on that topic. state insurance commissioner http://www.settlementcentral.com/links.php
Good luck Renee,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
AnswerHi again, Renee,
No need to apologize for asking again. That is what we are here for. Maybe talking to an attorney will help to calm you down.
I want you to call your state bar association or your county bar association and ask for their lawyer referral service.
The lawyer referral service is a volunteer service whereby attorneys give their time for small fees. It is something like $35 to $50 per hour.
What they can do is to help to steer you right on the deposition and what to do.
The deposition will be with an attorney and a court reporter and the insurance adjuster. NOBODY WILL BE RUDE OR ATTACKING IN THEIR QUESTIONS. THEY WILL TREAT YOU WITH RESPECT. They are just doing their job, for the reasons I gave to you earlier.
They are not going to put you on a hot seat or grill you or hold you there for hours. As you can see from the instructions I am going to give to you below, YOU can ask for a break at any time. OK?
They will ask all about your involvement with the reporting of the loss. If they suspect that you were short on cash they might get into your financial situation.
Just remember these directions that we used to give to our clients who were about to give our clients. They are just as this attorney has set forth for you.
http://www.expertlaw.com/library/expert_witness/deposition_prep.html
Those instructions should get you a head start on how to respond. Just relax and tell the truth.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
