-the redhead- (theredhead) wrote,
-the redhead-

Duty To Mitigate My Damages (?!?!)

The car epic continues.

Since our installment from last week, several things have happened. You may remember we left off after the other party’s insurance company had requested pictures of the damage to my car as required by their procedures, but would not let me email them due to ‘security reasons’. +snort+ Fine, if they are going to be that difficult and suspicious, they need to send one of their people out to take photos. I certainly don’t want to get caught in a situation wherein they accuse me of altering the photos. At that time (Wed morning) I let them know I would not be available Thurs – Sun.

Last week
Wednesday afternoon

I followed up that afternoon, but this task hadn’t been assigned yet. They said someone from the local office should be contacting me ‘soon’.

Thursday morning

I phone the claim office and am told my case had been assigned to someone in Colorado & they gave me the number. Great! I call them, hoping to set up something for that evening after work. Since they have multiple offices (8+ according to Google) in Boulder, I don’t see this as a stretch. The ‘local’ office ends up being the regional office, and they have not yet assigned a specific person to handle this. They gal I spoke to explained it wouldn’t happen today, probably not until Monday. I explain again that I will not be available Thurs – Sun. And that my car is still undriveable. She makes notes and tells me someone will be contacting me.

Friday afternoon

While in class I receive a voicemail from the insurance co. representative wanting to set up an appointment. So nice they had bothered to read the notes in the incident… I called her back when class was over to set up appt.

Their rep (not a claims adjuster, just some sort of assistant) says she is not available until Tuesday. That seems a little odd, but whatever. Then she asked where my car is parked, she’ll just drop by. Oh no, that wasn’t going to fly. I told her I +would+ be there when she took the photos.

Fine, could we meet Tuesday mid-afternoonish? E (still politely) explain that I will not be available unit after work & I was coming from Golden. This little gal then stars in about how she’s coming from Denver and cannot stay up in Boulder that late, yadda. I’m a bit mystified they have to send someone up from Denver, but frankly don’t give a flying fig what’s convenient for her. At that point I told her this was all supposed to be at +my+ convenience, not hers. She grudgingly relented, so we set up the appointment.

This week
Tuesday afternoon

Their person shows up & spends ~ 5 minutes taking pictures. Including one of how the door doesn’t open (this is important later). She seemed non-plussed when I cracked the door open as far as I could ( 2 – 3”) and said ‘Jump in’. She tells me they will have the pictures at the claims office Wed.

Thursday morning

I call & leave a voicemail with the last person I was told is handling my case.

Thursday afternoon

I receive a call from the person I left the voicemail for stating my claim is now being handled by someone else in their office. He gives me their name & extension & tells me to call her. Because he couldn’t forward the voicemail or give her a message?? +sigh+ Whatever. I call & leave a voicemail with the new person. Do not receive a call back.

I did receive a call from the guy at my insurance company asking for an update. That was nice. I brought him up to speed. He’s also disappointed this hasn’t been resolved yet. He tells me to call him with any updates & he will contact me tomorrow afternoon to check up.

That’s brings us to all the fun from today.

Friday morning

I call & leave another voice mail.

At 11ish I receive a call from the claims adjustor with good news – they have accepted responsibility for the accident. Yeah! I see the light at the end of the tunnel. She lets me know they will forward the claim on to the ‘Colorado office’ and someone will be getting back to me. That should be done either today or Monday, but I could call her back if I don’t hear from the local office by this afternoon. She assures me it’s all done electronically, so it will go right through.

I pointed out (as I have done +every+ time I had spoken to someone from their organization) that my car is undriveable and I’m in a rental. She seemed unaware (even though it had been documented numerous times, I had told this particular person, and she has pictures) that my car was undriveable. Indeed she asked ‘is your car not driveable?’ and then what the issue was. I pointed out that I had told them this information and it should be documented. To which she responds with a lame ‘yes, I see that but’ they need basic information, yadda. I know 3 year olds who could come up with a better save…

She then proceeded to inform me that I had a ‘duty to mitigate my damages during their investigation’. ??!??!

Claims agent “Do you have insurance on your vehicle?”

Me “What does that have to do with anything?”

Claims agent “During an investigation you have the duty to mitigate any damages. So if you have insurance on your vehicle you should have been moving forward with that with them to avoid just renting a car while we are investigating your claim.”

Followed by more ‘we’re not responsible’ blather. Apparently it’s my fault I didn’t already have my car repaired??


My other question is if they required photos of the damage to my car (you know, the ones they wouldn’t let me email for security purposes) before they would determine liability, what would have happened if I had proceeded with the car repair (run through my ins. co. & paying my deductible) and they had been unable to take photos of the damage?

Their insured hit me, but somehow I’m supposed to pay for the privilege? I will give the local claims adjuster one opportunity to get with the program and cover the weeks of car rental.

I may yet have to shout at people.

-the redhead-
…reduced to using extra punctuation...
Tags: musings
  • Post a new comment


    default userpic

    Your IP address will be recorded 

    When you submit the form an invisible reCAPTCHA check will be performed.
    You must follow the Privacy Policy and Google Terms of use.