Do I have a good case to sue this insurance company? Any Lawyers in the house?

Homerr

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Mar 4, 2002
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I recently found out that my previous insurance company (Farmers) has ME listed as the driver involved in two accidents that my Wife did.<br /><br />I didn't know anything about this until I applied for a different insurance company. <br />The new insurance company pulled my C.L.U.E. report and there was the accidents with my name on them.<br /><br />(For those of you that don't know what a CLUE report is... it's sorta like a credit report for all your automotive and homeowner losses)<br /><br />Of course, Farmers is totally wrong. I was not involved in the accidents in any way. I've never been in an accident.<br /><br />Clearly Farmers screwed up here.<br /><br />I contacted Farmers, and they quickly gave me some letters that explained I was not the driver involved, and that they would be 'updating their records' <br /><br />It is now up to me to dispute the errors with CLUE as well as my new insurance company.<br /><br />My question is.. Can I sue Farmers? <br />I am the one that is affected my their mistake. I'm the one who has to now pay an outrageous premium until my CLUE report is fixed! <br /><br />My new insurance company will not adjust my premium back to normal until the CLUE report is fixed, which could take who knows how long. <br /><br />Even when the CLUE report is fixed, I don't know if I'll get my money back for the time I had to pay the higher rates, or if they will even give me the best rates due to all of this mess. They may consider me a risk.<br /><br />I'm 10 shades of P***ed off at Farmers... As I have every right to be. I've been a loyal customer to them for almost 12 years and they do this. The only claim I've had with them was one vehicle with a dented fender (several years ago).<br /><br />I feel I have the right to not only collect (from Farmers) the higher rates I must now pay, but my time and frustration dealing with their mess.<br /><br />H.
 

Elmer Fudge

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Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

In the past people have sued and were rewarded outrageous sums of money for alot less greviance than yours, however the rules have somewhat been changed, it is possible that your action may fall under the heading "Frivolous" But i'm not a lawyer what do i know? except that it's an endeavor that is worth looking into.<br />Good luck :)
 

JRJ

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Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Is the wife out of the picture now?
 

mrbscott19

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Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

I would call the BBB and see if they can help you out first. I personally don't think it would be worth the trouble to sue for something like that. And if they're not willing to help you out now, even with you proving you didn't have anything to do with the accidents, why would you even want to business with them anyway?
 

Elmer Fudge

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Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Originally posted by mrbscott19:<br /> I would call the BBB and see if they can help you out first. I personally don't think it would be worth the trouble to sue for something like that. And if they're not willing to help you out now, even with you proving you didn't have anything to do with the accidents, why would you even want to business with them anyway?
I don't think that Homer wants to do business with the company that caused the problem, he would like them to correct their mistake without him having to go through all the rigmarole of clearing his name and driving record.
 

mattttt25

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Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

don't waste your time. you have no grounds. it's a simple mistake on their part. hell, it's your wife they confused you with, not a stranger. same applies for your credit report. you think you can sue over errors that it contains? no way.
 

BoatBuoy

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Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

I would certainly write your state Insurance and Banking Commission or the equivalent for your state. Explain what happened as you have done here. It may not do any good, but a note from them to the insurance company might put the insurance company on notice that they are not invisible nor operate in a vacuum.
 

deputydawg

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Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Nothing you can do from where I see it. It was a negligent act, but proving it came from deliberate indifference is going to be impossible. <br />If they do not fix the problem, then you may have grounds. Two things insurance companies do is 1 pay off in a settlement to avoid court costs and the public image of being sued and 2 pour a ridiculous amount of money into a drawn out suit, filing motion on top of motion, all demanding a response which eats up time and money. They are more than willing to spend a million bucks to save a thousand in a suit. If someone would win a suit like this, it would set a precident that might open up anyone to suing them over clerical errors of all kinds. <br />Usually the standard to look at is deliberate indifference. They probably listed you as insured and just mixed things up. <br />Then think, who to sue. Your agent, the company, the paper pushers that filed the claim from the head office? Which one on the chain made the mistake. Youc an bet that if a lawsuit came down they would point the finger at one department, then one person, then they would claim that person acted in a way that was against policy effectively washing their hands of the whole thing laying the blame on someone personally.
 

Homerr

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Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Thanks for all the feedback...<br /><br />I know it sounds frivolous, and it may well be.<br /><br />I just want them to be responsible for their actions. Lord knows these big companies need to realize the little guy can't be stepped on.<br /><br />I've been with them for so many years. It just feels like a kick in the gut when something like this happens and all they do is toss you a letter and tell me to deal with it. <br /><br />I didn't even get an apology.<br /><br />I will never do business with them again.<br /><br /><br />H.
 

PW2

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Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

I'd contact the state insurance commisioner-and hope that the "Tax-cutters" that are so popular these days have not yet succeeded in gutting the office.
 

llfish

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Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

It really does not matter who was in the accidents if you and your wife are on the policy.<br /><br />Tell them to make the corrections or you will have your brother start legal action. The light bulb goes on, This will not cost him a thing to take us to court. We best do something.
 

WillyBWright

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Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

File complaints anywhere you can, but you'll never get much of a settlememt if anything. Follow-up with CLUE and your new company and move on. How much could difference could the policies be? I'll bet less than a court filing fee.<br /><br />As far as getting "Extra" from Pain and Suffering, sometimes (not that you suffered either). Mental Distress, almost never.
 

Barlow

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Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

I've done the 'run-around' with insurance companies with a few things .. only logical/rational advice I could give would be to contact your comissioner's office as stated above and at the same time send a copy to the insurance company.<br /><br />start someplace.. I'd explain your situation RATIONALLY in the letter. Include all dates, claim numbers, policy #'s, DL's and premium history surrounding it all. Be professional and impersonal.. don't use the word 'feel' as feelings have nothing to do with facts.<br /><br />other than that .. good luck Homerr
 

mellowyellow

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Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

first, have them correct your record and re-quote<br />the correct reduced insurance premium. then ask<br />them for a credit for all the months you were<br />mistakenly overcharged. I know u wanna go with a<br />new provider, but if you can get coverage for<br />awhile for free, might as well take it.<br />it would be much easier to get a credit on an<br />existing policy than to ever get a refund check.
 

tomatolord

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Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

You need to move up the food chain here bro..<br /><br />Someone is just looking at computer screens<br /><br />They do not have the authority to look at a letter and a make a decision.<br /><br />Either talk to an underwriter or go to the office and talk up the chain.<br /><br />Bring the letters with you.<br /><br />Also as mentioned get the state insurance people on your case, you have already paid for them in your taxes make them earn it!
 

demsvmejm

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Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Government is for those who can afford it. I mean look at what;s going on in the federal gov't. But you still must stand up for your rights. I agree with the previous posts, you won't get anywhere trying to sue. The insurance thieves have much deeper pockets than you do. YOu will never get an attorney to take you case on a contingency basis because they won't make a bazillion dollars an hour off it. Your only hope is to pray that you state insurance commissioner's office will help. They ARE supposed to be there to protect you. But get real, they're subject to political pressure, and the insurance companies have alot of political pressure, by way of campaign contibutions to the politicians who control the appropriations for the various government offices. Funny how appropriations is rooted by the word "appropriate". Little the government does to mediate between the little guy and the big bullies is ever appropriate.<br />The lesson here is you are at the total mercy of the insurance industry. Your only friend is your state's insurance commisioner, if that office wants to act. I've had similar problems, and I found out there's little you can do but suck it up. We're the little fish in their big pond.<br /><br />Good luck, you'll need it.
 

JRJ

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Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

The lawyers I know will sue for you, untill, you run out of money. If its a slamm dunk, they might do it for 40% plus expences. Its just bidness.
 

roscoe

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Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Go after clue, for distributing false and liablous information, that should get their attention and a quick correction.
 

jtexas

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Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

how badly were you "harmed?" did the new insurance co. turn you down or just raise your rates? when the problem is fixed the new insurance co. should lower them retroactively so bottom line, no harm no foul, even if you win a lawsuit no damages to award. <br /><br />plus which until you've exhausted your remedies & given 'em a chance to fix it, no case.<br /><br />On the other hand if the false report resulted in a lost job or other opportunity, or in you getting sued by some other driver or whatever, then go for it! Stay home & watch daytime TV one day, you'll see plenty of lawyers drooling for a case like yours.<br /><br />good luck!<br /><br />disclaimer: I am NOT a lawyer and nothing contained herein should be construed as legal advice.
 

TilliamWe

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Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Re: Do I have a good case to sue this insurance company? Any Lawyers in the hous

Homerr, I don't think you have grounds to sue. And, as usual, I am disapponted in my fellow American. You first thought is to sue. How about fixing the problem first? Your state dept of Insurance, heck even your Agent should be able to help you out.<br />My next thing, I am having a hard time understanding your "damages". If you & your wife are still married, and she is on the new company's policy, then her past record is still going to count against the new policy. Now, if you are divorced, then I understand that you don't feel you should have to pay for her past mistakes anymore.<br />So which is it? Is she on the new policy or not?>
 
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