Auto Insurance Claims: empoyer lost insurance check, wont cooperate, insurance check, insurance co

Question
I was involved in an accident with my semi at the end of Feb. 07 during an ice storm and a level 3. I am an employee who subcontracts my semi to a larger firm (triple crown). After the claim was filed regarding this accident, I had to track down where in the heck the actual insurance check went and no one at the company knew until about 4 months later. To date, I am still trying to track down where in the heck the tow bill money went. Almost a year later. No one at Triple crown seems to know. I called the Insurance Co. who stated that a check was issued to Triple Crown for $2600.00 in March of 2007. Now almost a year later, after many calls and emails, all say they do not know where the money or check went.What else can I do? I can afford an Attorney but just wanted to know what other steps I can take to recoup the money. Triple Crown already deducted from my check over the months after the accident the cost of this and the inusurace check was to be retuned to me. If the Insurance Co. says it was issued, when it was issued, and to whom it was issued and Triple Crown continues to state they do not know where it went, what would my next step be??? Please, please forward to the appropriate type of Attorney who would specialize in this field, if not you. I don't know what else to do about this since, every time an insurance issue arises, this company seems to "lose" a check or info. Any advise is helpful as maybe I need to consult with my Attorney.
Please respons asap. I know that you are busy but really hope that you know I really appreciate any advise and if I could bake a cake for you or, rather, my wife could, we would send it immediatley as she knows all Attorneys work hard. She works with Children Services, and Child Support for our local JFS. Thanks for any and all replies.

Answer
Hi Wesley,

Thank you for your many kind words.  We try to help.

In your situation, the problem is: no one gives a darn to help you.  What you have to do is to light a match under their feet to get them up and moving to solve this problem.

My solution is to get the hard copy evidence from the insurance company and then that will tell you three things.
First, who signed off on the insurance release of claim.

Second, what date and to what name and to what address was the check sent.

Third, whether or not the check has ever cleared the bank, in which case, you must ask the insurance company to get a copy of the reverse side to see who endorsed it and at what bank was it first deposited.

OK, with that information you will know who handled the check at Triple Crown.

If the check has not cleared, then you need to make them stop payment on it and to issue you a new check.

OK, Wesley, here is what you use for lighting the match with the insurance company.  Make a little rough timetable of all the times you have asked them to research their records and along side of that, all of the responses.

Then contact your state insurance commissioner http://www.settlementcentral.com/links.php
and get the complaint form from that office. Fill it out, but do not send it in.

Mail it to the SUPERVISOR of the adjuster you are dealing with and let her know that you will file the complaint with the insurance commissioner if they should fail to respond to your request that they dig out the facts of this transaction.

Now THAT will light his match, so we should see some improvement from them in terms of digging out the original documents.

If they reissue the check, then that if all you need.  If they show the check has gone to Triple Crown, then you take all of the evidence we have suggested here and package it and send it to the president of the company and ask her to find the check or to issue one to you from their general funds.

The legal theory is not that they committed fraud, since they probably did not knowingly deprive you or your settlement.  Instead, the theory is a breach of duty of care of an asset belonging to you that they possessed.  That is the theory you use to prevail.

If the president tells you to go pound sand, then sue them in small claims court. NO ATTORNEYS ARE ALLOWED in small claims court, and if you have your documents ready, with all evidence in order, you will win and they will pay ASAP.  

I do not know of any other dispute like this, and as for an attorney, it is a general practitioner level question: anyone can help.  But I believe if you follow my ideas, you will not need to hire an attorney.

I hope that helps and I wish you the best of luck, and thanks for keeping our highways safe.

Dr. Settlement, J.D. (Juris Doctor)
www.settlementcentral.com