hello
Iown a 2009 XKR PORTFOLIO CONVERTA-Cruiser and I had a bit of an accident resulting cracked snd bent rims as well as suspension and slignment issues all the result of sn open trench across the roadway unmarked and unmanned at the time (TAKING lUNCH).
After filing a claim with the townshio, and 30-plus days later I was informed that the liabikity lay with a dubcontractor for the town, so was forced to file yet another claim. In the meantime, the rims were scrapped based on input from experts relative to repairs vs. replacement. I did take photos of the rims with tires off showing the cracks and damage, but the computer containing those photos had a hard drive crash and no back up so no proof except a possible affidavit from the tire store who acquired and sold me new rims at a better price and quicker than my dealdrship. The adjuster says she has the rivht to inspect the rims but they are long gone. Meanwhile, I can't drive the car because of the alignment issues so I paid a friend to rent me her extra vehicle at a rate comparable to rental companies and issued a 1099. Insurance company is treating me like a common criminal, but I would like to avoid hitlring an attorney. Do I have a choice at this point? Any advice on how to deal with this situation is appreciated greatly. Not a tech question but more legal than anything I know, but looking for help. Thanks

 

Your rights and responsibilities in the event of a claim are set forth in your insurance policy, which is a contract between you and the insurance company. You need to read that contract. Typically, for a claim to be paid there must be proof of loss. Because you don't have the damaged wheels or photos of them, you have the burden of providing other evidence in support of your claim that is acceptable to the insurance company. Affidavits from other credible parties who inspected those damaged wheels might suffice. But if the policy requires that an adjuster physically inspect the claim damage as a prerequisite to approving payment, then you're at the mercy of your insurance company.

Good luck, and keep us informed of your progress.

 

What Stuart said. No loss, no recovery. You threw away the recovery and look to be pulling a fast one by 'renting' a friends car vs fixing your own. Double face palm.

If you are dealing with the subcontractors insurance I recommend you also talk to your insurance and see if they can help before talking to a lawyer (who will tell you that you are screwed since you destroyed the evidence). In most cases where the fault is proven they will make their policy holder whole and work with / fight the other insurance for the adjustment, especially if you have full coverage.

Moral of the story, never get rid of evidence.

 

a lot of times pictures on a crashed hard drive can be recovered might be worth checking into it

 

I think I got lucky and have been told the tire company that replaced the damaged rims has at least one ohoto of one of the rims, they kept in case of anything like my scenario to protect themselves, I supoise. That and an affidavit should do, I believe,or am I wrong again?t I filed the claim agaunst the subcontractor's (paving company) insurance company.so why should I get my insurance company involved? They have no coverage of liability due to negligence for me as I am the injured party here. Would it help to droo the rental car portuon of the claim? Or hss my credibility already been tarnished? Underwriters are like banks with too many priveleges in my estimation and should be reigned in but all that revenue supoirts a piwerful lobby. If you miss one deoosit, they droo you. Try to make a withdrawal and Good Luck!

 

Please turn on your spell checker.

 

+1, I find it hard to reply to posts that are virtually unreadable. Run on sentences, misspellings, holy smokes it is no wonder the claim is also a mess. Step back from the phone and use something that has a keyboard.

 

The reason to file a claim with your insurance company is because you have a contract with them, and they may be more inclined to pay your claim and subrogate against the other party's insurance, particularly if you're a longtime policy holder with no claims. Your insurance company might not hold you to as strict a burden of proof as the other party's insurance. You have a collision claim because your car was damaged while moving, even though it was not your fault.

You don't have any contract with the other party's insurance. If all you have is a picture of one wheel, you haven't met your burden of proof for the damage to the other wheels. Do you have photos of the roadwork that caused the damage?

Your 2009 XKR Portfolio came from the factory with 20" Selena wheels, which are very expensive. Were those wheels on your XKR at the time of the accident? Under your insurance policy, your insurance company will repair or replace the same parts. Because you bought aftermarket wheels without prior approval by your or the other party's insurance, your claim might be denied.

How did the photos of your damaged wheels get onto your computer's hard drive? Are they still on your cellphone or digital camera?

It would be helpful to know what city you're in, the name of your insurance company and how long you've been with them, and the name of the other party's insurance company. How many vehicles are covered under your policy and how many claims have you made in the last 5 years? You don't have to answer if you think I'm too nosy.

P.S. Sent from my cellphone without a keyboard. 👍

 

I would suggest you take the posts above by Stuart S seriously. He is spot on with his comments. He knows what he is talking about.

I don't believe one image of a damaged wheel will be sufficient to prove your claim for recovery.

 

Ditto, thanks Stuart for splain'n it in more detail than I had the stamina for.

 

Daily exercise, both physical and mental, is essential to one's health. Use it or ...

 

You are in the advanced class!!!

Both your post and your typing are spot on. Your post is intelligent, well thought out and on point. That I can read.

 

Thank you gentlemen, one and all. I am certain you will hardly believe I have made a career from writing, but I am on the run and juggling several crisis-level projectsat present. Please forgive my hasty oversight.
I shot the original photos of the site of the accident and approach within five minutes of the actual event using a Samsung tablet. My Brazilian girlfriend was wigh me as a passenger at the time and bares witness to my accounting of the events and aftermath.
I thought I had downloaded these photos along with those of the damaged rims onto my pc which along with the tablet, does not have internet access (I live in the sticks).
All of the photos would have auto-downloaded onto my pc when connected and charging. However those showing the cracked rims were shot on a seperate date and the copiez had yet to be combined into a single file. My piece of crap pc failed and burned the internal drive before I could transfer to my droid, which does have internet service. All items from my droid sync and are stored in a cloud but I am forced to transfer all data I wish to back up onto any external hard drive of via droid to the cloudfile.
At the time, I did not give the matter the attention it deserved because it seemed to me to be an open and shut case of negligence. WRONG
The insurance company I use is one of the largest and I insure as many as four vehicles, plus a motorcycle for two or three drivers per six month period and have had a policy in place for four years with this company.
After the investigator/adjuster for the carrier representing the town was finished with her inquiries, I was informed on day 29 that the site was controlled by the paving contractor and so I was directed to contact his insurance company, which is when trouble hit the fan.
There is nothing illegal related to renting a vehicle from ANY source while fhe insurer takes an inordinate amount of time and allows your claim to languish.
Because I chose to put the money into an acquaintences bank account instead of a corporations coffers seems to me to be Smart and not reprehensible;especially since I issued her company a 1099 as a registered company owner to another...(shop localky, remember).
I did not purchase aftermarket rims. I got genuine original replacements but at a better price and expedited service than my dealership quoted me.
As example when I replaced my own front brake pads, I paid roughly $125.00 and enjoyed wrenching for an east task. My dealership quoted me $315.00 plus installation costing roughly, $400.00 plus the inconvenience factor, remembed my location. I used a trusted local company who got the rims at wholsale and gave a 25%markup to me pkus mounting, balancing and reinstallatiin for a savings you would find incredible. My claim is for the cost of the rimz, not instalkation from a Jaguar Dealership. Once I have the funds from the claim, I am free to then choose who I spend that money with. That is the law. There is nothing fraudulent about what I have done, I am simply doing what any smart businesspersonn would do in leveraging my rights just as insurance companies do every day. Because I am in unfamiliar territory and have not filed a claim in ovef 20years, I made a couple of mistakes along the way, but forgive me for my ignorance about the process in that I must be admitted to the bar to make a claim of negkigence for real damages caused by another? I stand corrected and after wasting four days trying to find some sense of fairnesz got lucky. The tire company has photos of all four rims (backed up onto an external drive by the Business Mgr.)...smart lady and tgey are more than happy to supply theis evidence along with sworn affidavits attesting to the validity of my claim. All I can say is YAHOO! ...ANDthanks to all of you who chimed in to the betterment of my dilemma. To my critics, I can only query this;( do you ever do any of your own mechanic, legal, editing or business tasks yourself or is it always delegated and relegated to the proper professional to act on your behalf? I ask this not as a provocafeur, but to remind you that I found that these entities often act in thier own best interest and not always in mine. My days o believing in trust and fair treatment are over. Those values along with a man's word of honor are waning and so I would advise you to do as I have done in adopting a hands-on approach to dealings of importance to me. Spellchecking on a droid keyboard that often cannot recognize my nomenclature is not on that list. Sorry, just prioritiez and limited hours in a day. Sorry if I offended your tender musings. Arrivederci, Ciao, Aveterze, shalom, sallaam melakem, buenos diaz, buon giorno, prego, gooten dag and sieze the day, my friends...you can be assured thaf I will do the same.