QuestionQUESTION: I asked a question the other day and got a great, prompt reply from Richard. I tried to ask a follow-up but it says that he is maxed out. I will quote my original question and his answer:
"Subject Friends Stole care
Question So the other night my car was stolen as I was walking to it. It was found later that night crashed up. I filed a police report and a claim with my insurance company. Days later I found out that I knew the guys that stole it and the whole thing was a horrible practical joke that had gone horribly wrong (they didn't mean to crash it). They were friends of friends. Anyway, I tried withdrawing the claim but because there is a lien on my car the insurance company (Nationwide) says that they cannot withdraw the claim. I would really rather not deal with them and pay out of pocket for expenses. Also, I refuse to give out the names of the guys that took my car since they are already in some legal trouble. I am being hassled by my insurance company right now because they want more information on the incident. I told them that I know who took it, I don't want to press charges, I want to keep the police out of it, and I will not give out their names. That being said, I want to keep them out of the ordeal entirely. What can I do to get the insurance company off my back? Is there any way to just withdraw the claim? I really cannot rat my friends out! Any advice would be greatly appreciated!
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Answer Hi Steve,
You said that you wanted to pay for the repairs out of pocket. So go ahead and do so. Take your car to a body shop and have it repaired and pay for it. Once the car is repaired, inform your insurance company that it has been repaired and tell them that you want to withdraw the claim. If they want to inspect the car to verify that it has been repaired you must let them. Once the car is repaired there is nothing they can do, there is no longer a need to protect the lienholder.
I hope this helps
Richard Hixenbaugh"
My concern is that because I am so unwilling to identify my friends I think my insurance company is suspecting fraud. If I can stall long enough (I don't want them to investigate) to get the car fixed will they leave me alone? I just get it fixed, call them up, and let them know? My insurance agent keeps reassurting that they cannot withdraw a claim due to the fact my car has a lien on it. Can I let them know that I am in the process of fixing it? I don't want to get myself in deeper. I just want to pay for it and get the insurance company out of my hair.
Another complication is the fact that they already looked at the car and deemed it a total loss. However, it is currently at a new body shop that is telling me that it is not a total loss and they can fix it for 2 grand less than the appraised value. This new body shop is in a different area that apparently would have a new appraiser assigned to it. What should I do?
ANSWER: Hi Steve,
I am not aware of "Richard's background in the area of insurance claims. I am not an attorney nor do I work for an insurance company however; I have been involved with well over 10,000 insurance claims and I will tate my opinion on ths experience.
Here is part of your problem. I am sure if you look at your policy that you are to give all information about the claim and cooperate. Secondly, Nationwide is looking out for their liability exposure as well. You say the car is crashed and one body shop stated it was a total loss. You did not state what the car collided with or whose property.
This may have started as a joke, but the insurance company does not seem to be laughing. ai do not know your state laws, but in some cases situations like this will go far beyond your hands. It could be the insurance company wants to press charges of theft or possibly fraud on your part. I want to repeat once again, I am not a lwyer nor giving legal advice, but they may want to make legal issue on this.
You need to remeber as well that a good share of insurance companies share information with ISO. awhat this means is that the non-cooperation on your part will be shared if you get another carrier. athis may have a very adverse impact when looking for another carrier.
You may be forced to give up your friends. It it should be in the policy you have with Nationwide. Read it.
I know you may not care for my answers, but you asked and I am telling you why they won't let this go. They appear to be looking at this as a serious crime and not a joke.
They might even be trying to tie your friends to other thefts.
For the time being, wait and see what happens, but you might b getting a knock on your door by the police that are considering you complicit with a crime.
Personally, I am not a rat, but if my friends put me in the trick bag here and I was in trouble, I would have no problem throwing them under the bus and I would not consider such people that would do this to me as friends.
I hope it all works out for you. I relly do.
Rob
---------- FOLLOW-UP ----------
QUESTION: First off, thank you for the quick and honest reply.
I do not know why I am embarrassed to admit this online... but I did in fact fabricate the story. I was scared and stupid. I just want to pay for the damages myself and not involve the insurance company. If I go ahead and pay for it will they get off my back? Will the claim be withdrawn?
I talked to my insurance agent the other day and he told me that if I wanted to admit that I was driving the car I could. He said, "Hey, this is just me and you talking. You know that if you crashed the car you are still covered under collision, right? Come on, are you really being honest here? You can admit you were behind the wheel." Is he legitimately trying to give me an out or bait me for a serious fraud charge?
The claim has not yet reached to a level where they are doing an investigation. If I call him up and just admit the whole thing what is most likely to happen? Do you think he will appreciate my honestly and try to work with me, or do you think he will immediately press charges? And if charges are pressed, what would the legal consequences be in this situation? I would like to think that this isn't as serious (yet) as it could be.
I want to stop this crap before it gets to an even more serious point.
Any and all advice is appreciated!
AnswerHi Steve,
As I keep stating. I am not an attorney, but I think you might consider getting one just in case. You state that there is not an insurance investigation. How do you know this? The insurance companies have the SIU (Special Investigation Units) that investigate claims like this. They are out to fight fraud.
Your case is not uncommon. There are many times I hve seen where the insured may have had a license problem, too many DWIs or whatever. They crash the car and report it stolen. The SIU will then contact me to determine how the car was last operated. In such cases if I find the vehicle was last operated with the correct key (and I can prove it), the SIU will take further action against the insured.
This is not good. Filing a false police report in some states is a felony. Insurance fraud is a felony too and from my experiemce, the insurance carriers will use people as examples.
Look, I don't sugar coat anything. It is time to contact a lawyer and ask him how else to proceed.
The more you say to the ins company, the deeper you can get.
Did you do a recorded statement about the theft with the insurance company?
If so, this may be used against you as well.
Rob
