tag:blogger.com,1999:blog-4834391559282218662.comments2012-05-08T20:12:15.394-05:00Ken Kleinhttp://www.blogger.com/profile/17853979685213889067noreply@blogger.comBlogger17125tag:blogger.com,1999:blog-4834391559282218662.post-65795523811397921892009-08-25T20:17:33.761-05:002009-08-25T20:17:33.761-05:00Not being an attorney I can&#39;t answer that question, but you should consult with one in Alabama. <br /><br />You may also have some recourse in regard to the car being sold to you without disclosing that the airbag has been removed. It could be consumer fraud depending upon the circumstances.Ken Kleinhttp://www.blogger.com/profile/17853979685213889067noreply@blogger.comtag:blogger.com,1999:blog-4834391559282218662.post-23262242309804030042009-08-25T08:03:27.660-05:002009-08-25T08:03:27.660-05:00in Alabama, i purchased an auto that i knew was salvage and recently found out that it doesn&#39;t have an airbag in the steering wheel compartment; is it leagal to operator on the street?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4834391559282218662.post-49336364035657183172009-03-12T12:22:00.000-05:002009-03-12T12:22:00.000-05:00I frequent an insurance advice and help web site as other collision industry people do to give different perspectives to consumers with insurance policy and collision repair issues. This subject of comparative negligence came up recently and some may want to view it from the perspective of an adjuster who moderates the forum. <BR/><BR/>Quote: <BR/>my story is i was involved in an auto accident which really wasnt my fault but both insurances decided both parties were at fault that each person's company pay for their own damages. <BR/><BR/>www.ampminsure.org/erie/recycled-parts.htmlMike Ortonnoreply@blogger.comtag:blogger.com,1999:blog-4834391559282218662.post-6339736128190957682009-02-09T10:45:00.000-06:002009-02-09T10:45:00.000-06:00Ken:<BR/><BR/>The insured needs an attorney who specializes in the breach of good faith duties under the policy (better known as &quot;bad faith&quot;). I would urge him to contact Tom Dixon an Arizona lawyer<BR/>(602-258-8400) who I think has some Chicago connections. This should be a &quot;walk in the park&quot; case and not only will the vehicle get paid for but a hefty punitive settlement could be in the wind.<BR/><BR/>The insurance company knows that over 4 million<BR/>rental cars a year get sold into the private marketplace. They simply can&#39;t exclude coverage on these units, no way, no how. They could, in my opinion, make a case for a slightly lower value of the vehicle based on the fact it had been a rental. Keep in mind that the insurance company surely did not ask the question &quot;was the car you are buying ever a rental&quot; on the insurance application. <BR/><BR/>To negate a claim using the &quot;multiple key&quot; factor is a farce. Make sure they get good legal counsel and start with Tom Dixon. These cases are taken on &quot;contingent&quot; and having a church as a client is the perfect situation.<BR/><BR/>Bob Isham<BR/>New Image Paint &amp; BodyAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-4834391559282218662.post-91127906457867021132009-01-24T00:16:00.000-06:002009-01-24T00:16:00.000-06:00Buying <B><A HREF="http://www.vansales.com/" REL="nofollow">Used vans</A></B> or Used Car is always a good decision coz it saves money and brings a car or van to you with more features in low cast then the new one…Van Insurancehttp://www.blogger.com/profile/06496014164877401778noreply@blogger.comtag:blogger.com,1999:blog-4834391559282218662.post-7508249245015059122009-01-20T11:51:00.000-06:002009-01-20T11:51:00.000-06:00Barrett's experiences mirror those that I find in Ohio. Consumers are better off getting a lawyer from the get-go rather than waste time and dollars on a bogus appraisal clause process.David Williams, Diminished Value Expert/OHhttp://www.safecollisionrepairs.com/diminished_value_slideshow/index.htmlnoreply@blogger.comtag:blogger.com,1999:blog-4834391559282218662.post-64514090957868539122009-01-16T08:35:00.000-06:002009-01-16T08:35:00.000-06:00Barrett, your comment on the truly independent umpire is the key. I went to the Illinois Association for Attorneys and was able to locate a number of retired judges that were willing to act as umpires for a reasonable fee. It is very difficult for any insurance company appointed appraiser to deny a retired judge!Ken Kleinhttp://www.blogger.com/profile/17853979685213889067noreply@blogger.comtag:blogger.com,1999:blog-4834391559282218662.post-75849025738926530152009-01-16T08:26:00.000-06:002009-01-16T08:26:00.000-06:00Florida apparently is a little different than Illinois. We too have to deal with some roadblocks set by insurers in too many times. However, the courts have forced plaintiffs to go through the Appraisal Clause before litigation can go forward. It is the very method by which an insurer and its chosen "independent" appraiser function that could further establish legal action.<BR/><BR/>It remains a tool for consumers to consider depending on the circumstances and the advice of their legal counsel.Ken Kleinhttp://www.blogger.com/profile/17853979685213889067noreply@blogger.comtag:blogger.com,1999:blog-4834391559282218662.post-71966455856172202292009-01-15T20:13:00.000-06:002009-01-15T20:13:00.000-06:00In Florida we too have the appraisal clause but what I have found is it is often times abused by the insured and of great waste of time and resources to the policyholder unless they know what and how to protect themselves.<BR/>When I have assisted in these issues consumers I have found the insurer is actively involved and mandates their chosen appraiser (often times an employee of the insurer) to not make any agreements of the damages without their expressed approval. Of course this is in direct contrast to the spirit and intent of the appraisal clause. This defies the intent of enabling the un-biased participation of the two supposed "independent" appraisers and rarely will the insurer agree to an unbiased and impartial umpire...unless of course their chosen umpire is selected! The problem stems from no set “rules of engagement” as there is for mediations and arbitrations and other such legally sanctified remedies.<BR/>While I have successfully resolved those appraisal clause issue I’ve been involved, they are time consuming and expensive for the policyholder (just as the insurer desires) and often times my success is due to backing the insurer into a corner to where their less than reasonable activities have placed them in a position of defending themselves from a potential lawsuit.<BR/>In my opinion, the appraisal clause is not the best recourse for the insured when confronted with an insurer who believes in “Severe Economic Restraint” abuse in their claims handling. While the insurers often adhere to the Stall, Delay and Deny routine, a good attorney familiar with contract law may prove to be the wisest investment the wronged policyholder can make to achieve a swift and “reasonable” settlement while holding the insurers accountable for their actions. This activity oftentimes provides good fodder for the policyholder’s attorney as well which is often paid by the insurer under the terms of the policy. Of course, if a good attorney handles enough of these he or she may find a “pattern and practice of such abuse and who knows, a viable class action may be derived further holding the insurer, and the entire insurance industry on notice.Barrett Smith, Auto Damage Experts/Flhttp://www.autodamageexperts.comnoreply@blogger.comtag:blogger.com,1999:blog-4834391559282218662.post-36766256041235436652009-01-12T14:15:00.000-06:002009-01-12T14:15:00.000-06:00Mike,<BR/><BR/>Thanks for sharing your perspective, I guess we in Illinois can consider ourselves "lucky" to still have appraisal required by statute.Ken Kleinhttp://www.blogger.com/profile/17853979685213889067noreply@blogger.comtag:blogger.com,1999:blog-4834391559282218662.post-20156722988787897722009-01-12T13:17:00.000-06:002009-01-12T13:17:00.000-06:00Having been in the collision repair business for over 35 years and 26 as a shop owner, I was unaware of the appraisal clause until about 5 years ago. I would presume to guess that less than 10 percent of policy holders ever knew the appraisal process was even available to resolve disputes.<BR/><BR/>As a consumer advocate, I have come to realize the importance of this clause perhaps too late in my home state of Missouri. Insurers are not required to offer the appraisal clause and many of the larger companies do not have it in their policies.<BR/><BR/>The new policy verbiage states that the insurer is the expert and determiner of the amount of loss. They consider labor repair data that they have a strong influence on in their calculation for costs of repair on which settlements are based. Talk about the wolf guarding the henhouse! The language basically leaves you only with complaints to the DOI (good luck with that) or suing for the disputed difference in small claims court.<BR/><BR/>So much for a resolution to ameliorate disputes in an amicable matter with this type of policy language. In a nutshell, they are saying we are the experts, we'll calculate your loss, like it or lump it, or sue us.<BR/><BR/>I hope to meet with some of my local state representatives as a consumer to see if the appraisal clause can be reinstituted in all casual policies by statute requirements.Mike Ortonnoreply@blogger.comtag:blogger.com,1999:blog-4834391559282218662.post-996429966759232882008-12-19T21:46:00.000-06:002008-12-19T21:46:00.000-06:00I recently came across your blog and have been reading along. I thought I would leave my first comment. I don't know what to say except that I have enjoyed reading. Nice blog. I will keep visiting this blog very often.<BR/><BR/><BR/>Sharon<BR/><BR/><A HREF="http://www.autoloans101.info" REL="nofollow">http://www.autoloans101.info</A>joshuahttp://www.blogger.com/profile/02138654495533670439noreply@blogger.comtag:blogger.com,1999:blog-4834391559282218662.post-28017122963369818672008-12-19T20:55:00.000-06:002008-12-19T20:55:00.000-06:00Very good explaination about "Why steering exists" Slicky Boy, and I might add, once an insurance company finds a shop who will work cheap, real cheap, or stupid cheap, they sometimes will get an attitude with the reputable shops who get top dollar for quality work, forgetting or purpously overlooking that it took years of hard work to build that reputation, and in my opinion hard honest top quality work should always be rewarded.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4834391559282218662.post-88172484246245413592008-12-11T07:54:00.000-06:002008-12-11T07:54:00.000-06:00Thanks for the contribution Carl.Ken Kleinhttp://www.blogger.com/profile/17853979685213889067noreply@blogger.comtag:blogger.com,1999:blog-4834391559282218662.post-61708197357182692092008-12-10T23:11:00.000-06:002008-12-10T23:11:00.000-06:00Nice work Slicky Boy, here on the left coast Geico is a sub standard payer, they come into a bodyshop with an attitude, you can be their friend if you accept six dollars an hour under what other insurance companies pay at your shop.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4834391559282218662.post-53125706455993786342008-12-10T21:52:00.000-06:002008-12-10T21:52:00.000-06:00I can attest to being in "good hands" with Allstate. The first new car I bought when I was in college was insured by Allstate because I was working for Sears at the time and they owned Allstate. A couple of years later I was involved in an accident in which the car was totaled and later was sued by the guy who hit me for "pain and suffering". To make a long story (dragged on for almost 2 years) short this was very stressful for it turned out that I did not have as much coverage as I really should have.<BR/><BR/>So besides watching out and making sure that if you are in an accident, the repairs get done correctly, one better analyze their coverages themselves too. TRust no one in the insurance industry!<BR/><BR/>After reading this I now have an even less comfort level with my auto insurer who is on this list (not number 1 but still on it).Carlhttp://www.blogger.com/profile/15734408116061322972noreply@blogger.comtag:blogger.com,1999:blog-4834391559282218662.post-61578008193172250192008-12-10T21:42:00.000-06:002008-12-10T21:42:00.000-06:00Never knew this. It almost seems that the attitude my late father-in-law had of if you buy a used car you are buying someone else's problems might be a lot closer to the truth then he ever knew.Carlhttp://www.blogger.com/profile/15734408116061322972noreply@blogger.com