Oct 6, 2010 at 9:18 pm #37814
STOLEN 1957 T-Bird
October 05, 2010
Stolen Between the Hours of
8:30pm – 8am
from 6473 Ivarene Ave.
Los Angeles, CA
CA License plate plate number ZCT 696
Please Help Chris Find his car ………Contact Chris at 323.573.5453 or [email]firstname.lastname@example.org[/email]
Our ’57 T-bird got stolen last night in Hollywood CA, we live right above Capital Records in the hills and the car was gone in the morning. CA License plate plate number ZCT 696
We just filed a Police report and I talked to a very helpful Detective and he mentioned, most cars end up in South Central LA were they are stripped and then the parts are being sold to shops. So, the restoration shops are “in” on it. I hope we get it back in one piece, if not we will see how good Grundy Insurance, really is.
Interesting thing is, the detective said low jack was not very good at recovering vehicles, a GPS system is more effective. He mentioned within the entire LAPD, there are only two cars and one helicopter that can pick up Lowjack’s “ping” signal. GPS is the way to go, in his opinion.
Please, if anybody has any connections to border patrols, port authorities, dock workers, shops, T-bird restorers etc. try contacting them for me, all help is appreciated.
The car was blocked in by our two other daily drivers, and I was sleeping less than 8 feet away from the car with the window open, and I didnt hear shit, not even our three dogs.
These guys were pro’s.
I made some flyers, and nailed them to telephone poles in our hood, to see if anyone saw anything. I called the border patrol in San Diego/Tijuana, but they automatically stop any stolen car with a police report, but admitted to me that “some” enclosed trucks will get waived by, without inspection.Nov 21, 2010 at 8:17 pm #37815
The owner said ” The car is gone, I’m sending in the the title, to the insurance company that means, the car is no longer ours. Lock up your cars, people.”
We co-oporated with insurance adjusters and now the insurance company is asking us to do an EUO (Examination Under Oath). Has anyone gone through this?
I have been reading up on it and it seems tricky and that the insurance company is just looking for an excuse not to pay the claim because it is a high end car.
So, from the information I have read we should bring a lawyer.
Are you one, or do you know anyone who specializes in insurance law.
We need help.
Thanks ChrisNov 21, 2010 at 8:20 pm #37816
Fellow Hot Rodder shares this info:
“The Examination Under Oath
(“EUO”) procedure is something that you will find in virtually every property insurance policy sold today. In the policy contract, your insurer has given itself the right to question you “under oath” about the details of the loss/claim. “Under oath” means you legally swear that your answers are truthful.
Insurance companies use this procedure to screen out fraudulent claims and test a policyholder’s credibility and/or evaluate what kind of a witness he or she will make if a claim or coverage dispute goes into litigation. The EUO procedure was abused by insurers after past disasters to intimidate and frighten policyholders. So United Policyholders helped pass legislation in California to stop the abuses and protect policyholders. But the EUO procedure is still a legal and valid requirement in homeowners policies, and the law in most states is vague on the subject.
A policy holder who makes a claim for policy benefits must cooperate when an insurer makes a reasonable request to examine them under oath or risk losing the right to recover the funds they’re entitled to. Courts have traditionally been hard on policyholders who refused to cooperate in EUOs.
In California and in most states there are “Fair Claim Handling Regulations”, and there are laws that tell insurers what they must, can and cannot do. Above all, your insurance company has the legal duty to investigate and process your claim fully, promptly and in good faith and deal with you fairly.
If you are asking your insurance company to pay above stated policy limits or waive policy requirements re: deadlines, proof of loss, or other items, they are very likely to ask you to answer questions “under oath” before they make a decision on your request. And, they make ask you to agree in writing to keep your settlement discussions confidential.
This is very common in today’s economy. Too many people are creating fraudulent claims or having their own property stolen for in an effort to defraud the insurance company. Grundy is doing it’s due diligence by asking you to submit to an EUO to cover themselves. Again, tis is not uncommon on a high value claim.
Now, I am not giving legal advice, but my own opinion on this is if you have nothing to hide, you do not need to go through the expense of a lawyer for this. You could never recover the cost of a lawyer for this, so you will be out whatever they charge you, plain and simple. I went through this many years ago and answered the questions honestly and in good faith and my insurance company paid the claim after words. If they asked a question that I felt was inappropriate or leading I answered that I did not understand the question as asked and wanted a better explanation of what they were asking so that they could not lead or trap me into something I wasn’t comfortable with.”
THEN another Hot Rodder shared this info ………
‘I ran your problem through my Grundy agent and personal friend. He pretty much said the same as hotroddon.
Quote: I wouldn’t be concerned.
I believe the Examination Under Oath would be used if the the vehicle owner is suspected of committing Insurance Fraud. The Insurance Company would normally look into the Vehicle Owner’s Financial Condition to see if there are debt or credit issues or if the vehicle stolen had been For Sale for awhile as an indication that the owner may have needed money. A Sworn Statement of Loss would normally be required along with Proof of Ownership in a Total Loss Claim.
If the owner had no financial issues then the Examination Under Oath shouldn’t be of concern. The Policyholder has an obligation to cooperate with the Insurance Company. The Insurance Adjuster has 30 days to deny or settle the claim after all requested documentation and statements have been received. If the Insurance Company is refusing to pay for the loss or has denied the claim because they suspect Insurance Fraud then it would be an prudent to get an Attorney involved. ”
Then another fellow car enthusiast writes: ……………
I’m a public adjuster so here’s my take…. A EUO is standard for this kind of claim in this kind of situation. Plus the Insurance company is allowed to request to examine any records or documents within reason. Since it’s a theft and there’s no property to inspect, they are going to cover all bases and that falls into the “within reason” part. It may seem like they’re questioning your integrity, and they are, but you are not attempting to commit fraud so it will go fine. They CANNOT deny your claim unfairly. However they CAN investigate it as thouroughly as possible. Don’t sweat it, co operate, and you’ll be OK. It would not hurt to contact a lawyer for reassurance. Since you asked if you should, I think it would be good to cover your bases. Good luck brother.
__________________Nov 21, 2010 at 8:25 pm #37817
More words to add a helping opinion are shared ………… “my wife is an attorney and she says don’t do it without an attorney present. This is basically an evidence deposition. If you get tripped up or confused, you could say the wrong thing. Adjusters often ask confusing questions or ask a very pointed question but leave out any opportunity to put an answer into the correct context. Just tell the adjuster that you will not submit without representation. And remember, unless your policy requires it, or the law in your state requires one, then you do not have to give this in order to collect on an insurance claim.”
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