Can I sue my insurance company? | GTAMotorcycle.com

Can I sue my insurance company?

B

Brix1487

Active member
Forum Sponsor
So I had an accident at the end of last season. I hit some oil and the bike slipped out from under me on a turn. Bike was damaged but fixable. No other vehicle was involved and I didnt get charged. I have a clean record.

I didnt want insurance to find out so I didn't claim anything. The only reason they found out is that they got cc'd on a invoice sent to me from the city to pay for the fire truck. I paid the bill myself. But it was too late. The called me asking what happened so I told them Im not claiming anything and its none of their business what happened. They opened up a claim and put an "at fault" accident on my record. They also wrote a report on my drivers abstract saying I was speeding excessively in the turn and I lost control of the vehicle. That's ********! They havent jacked up my insurance yet but I know its only a matter of time.

Can I sue them for slandering the report and writing a bs report?
 
Brix1487 said:
So I had an accident at the end of last season. I hit some oil and the bike slipped out from under me on a turn. Bike was damaged but fixable. No other vehicle was involved and I didnt get charged. I have a clean record.

I didnt want insurance to find out so I didn't claim anything. The only reason they found out is that they got cc'd on a invoice sent to me from the city to pay for the fire truck. I paid the bill myself. But it was too late. The called me asking what happened so I told them Im not claiming anything and its none of their business what happened. They opened up a claim and put an "at fault" accident on my record. They also wrote a report on my drivers abstract saying I was speeding excessively in the turn and I lost control of the vehicle. That's ********! They havent jacked up my insurance yet but I know its only a matter of time.

Can I sue them for slandering the report and writing a bs report?
Click to expand...

I don't think an insurance company can charge you with an HTA offense such as speeding as they don't have the authority to do so. They can use your drivers abstract as a reference to determine your rates and what kind of rider/driver you are but they can't just say "Hey MTO, slap a HTA172 charge (for example) on the rider's record".
The officer at the scene however can write up a report saying what happened and charge you with that incident which can give you that result.
 
This is why I am so pleased that this forum has insurance professionals that can weigh in on these matters. Sounds like you have a legitimate beef. I can't steer you but I did find this site for the IBC. How do these guys feel that they have a justifiable right to make such conclusions?

Did you have a report from the Fire Department that responded backing your story with the oil on the road? Did they clean it up?
 
if the damage is under $1000 both parties combined, then you don't have to report it to the collision center since it ain't worth the time to look at it...so if the bill from the city and the damage to your bike was less than $1K, then i suggest you deal with this pronto with the insurance, get your paperwork cleared up with them...I am no pro, but i would think that unless there was an HTA charge, they don't have two feet to stand on with putting that into your file...you may want to pull up the terms of your insurance policy and read it through to make sure you can contend this.

so was the bill from the city over or under $1K?
 
To help with the $1k...

Brix1487 said:
Bike sliders were damaged but fixable.
Click to expand...
You know, as far as everyone is concerned...

If the fire truck show up, the police must have shown up as well and if the police were there, there was a report. What does the report say?
 
It wasn't on your driver's abstract, it was on your insurance abstract. Nothing to do with the HTA.

You were in a single vehicle collision,all single vehicle collisions are at fault unless you can prove negligence on someone's part.
Can you prove someone else's negligence? No?... so no problem there.
I bet if you were travelling slower you would not have lost control of your vehicle, so no problem there.

...what was you problem again?
Your insurance company is now within their rights to do you for non-disclousure (Because you didn't tell tham about the collision). That'll raise your rates for you!
My advice to you is be nice to your insurance company in the hopes they don't list non-disclosure on you insurance record/abstract. Non-disclosure means facility for at least 3 years.
You DO NOT understand how insurance works.
 
It sucks that they found out, but everything they have noted seems to be legitimate comments. As bitzz said, you were in a single vehicle accident which in the eyes of insurance makes you at-fault. Just because you chose not to tell them doesn't mean an at-fault accident didn't occur.

You may have a legitimate beef with the city as they disclosed private information about you to the insurance company. I'm not sure if there is some sort of clause or agreement that makes this ok though.
 
whethey they are right or not, I don't see any potential claim here, but someone else might tell you different, my speciality isn't insurance.
 
Lesson is if you crash but are not seriously injured, don't call anyone except a tow truck.
 
I have the police report which doesn't say any details like "speeding into the turn", "bike badly damaged" like the insurance company wrote on my abstract. I don't know where they got their bs information from. I don't know what the fire department's report said. Can I request a copy of the fire department's report?
 
bitzz said:
It wasn't on your driver's abstract, it was on your insurance abstract. Nothing to do with the HTA.

You were in a single vehicle collision,all single vehicle collisions are at fault unless you can prove negligence on someone's part.
Can you prove someone else's negligence? No?... so no problem there.
I bet if you were travelling slower you would not have lost control of your vehicle, so no problem there.

...what was you problem again?
Your insurance company is now within their rights to do you for non-disclousure (Because you didn't tell tham about the collision). That'll raise your rates for you!
My advice to you is be nice to your insurance company in the hopes they don't list non-disclosure on you insurance record/abstract. Non-disclosure means facility for at least 3 years.
You DO NOT understand how insurance works.
Click to expand...

buddy,
don't go accusing me when you weren't there. I was going the speed limit. I bet if the speed limit everywhere was 40km/h there would be a lot less accidents too.
 
bitzz said:
You were in a single vehicle collision,all single vehicle collisions are at fault unless you can prove negligence on someone's part.
Click to expand...

Is there a definition of collision? Say a dirt biker lowsided on a gravel rd.. very slow turn, didn't damage anything,, is that a collision,, is that a reportable collision,,,
 
No. OPP showed up on the scene. Saw the road and the skid marks and didn't charge me.

So that's why I'm wondering how can the insurance company write a report saying I was speeding and driving carelessly.
 
Brix1487 said:
No. OPP showed up on the scene. Saw the road and the skid marks and didn't charge me.

So that's why I'm wondering how can the insurance company write a report saying I was speeding and driving carelessly.
Click to expand...

What skid marks?
 
bitzz said:
You were in a single vehicle collision,all single vehicle collisions are at fault unless you can prove negligence on someone's part.
Your insurance company is now within their rights to do you for non-disclousure (Because you didn't tell tham about the collision). That'll raise your rates for you!
My advice to you is be nice to your insurance company in the hopes they don't list non-disclosure on you insurance record/abstract. Non-disclosure means facility for at least 3 years.
You DO NOT understand how insurance works.
Click to expand...

bitzz told you already,, If you can prove the oil slick ... It appears that things may change for you..
but, It even if you call your broker and ask a question like... If I make a claim for ____ .. will my rates go up? they can put a note in your file that you have had a claim.
I think there is a number ,,, like 2 claims, then you pay... so the phone call was one.... but .. this may change depending on your company, I know my ins policy allows 2 claims forgivness
 
OP, I suggest you send a private message to Platinum_Cycle and ask him to comment on your thread. He's an experienced claims adjuster and can give you a more definitive answer.
 
A great number of thoughts come to mind on this one.

1) As for the accident, to argue you aren't at fault for this incident is extremely difficult. Sorry if you don't like that but it's a fact.
2) This is a reportable claim to your insurer. Reason being another party suffered damages - The fire dept. The damages they suffered was the cost to respond to the scene, do the clean up, fire prevention or whatever other BS they wrote on the invoice. Your policy requires all such claims be reported to the insurance company, regardless of the dollar amount when it involves a third party.
3) Don't like fire depts charging you for services. Neither do I, which is why I have a particular interest in this area of insurance law. I don't mind telling you I am probably considered one of the leading experts in this area. It's a complex matter. I am sure there were possibly some good legal arguments as to why you didn't have to pay that fire dept bill. Too bad you already paid it but I understand why you did.

As an aside fire departments have become masters at extorting money from tax paying citizens who actually fund the fire dept to begin with. Your house burns down, wait for the fire dept bill of $5000 - $10000 or more. Don't believe me, look into. Even if you die in the fire they still want their bill paid.

4) At a minimum, you should ask your insurer to reimburse you what you paid the fire dept, and now that the claim is on your record you may as well make a claim for the damages to your motorcycle if you have collision coverage.
 
Platinum Cycle said:
A great number of thoughts come to mind on this one.

1) As for the accident, to argue you aren't at fault for this incident is extremely difficult. Sorry if you don't like that but it's a fact.
2) This is a reportable claim to your insurer. Reason being another party suffered damages - The fire dept. The damages they suffered was the cost to respond to the scene, do the clean up, fire prevention or whatever other BS they wrote on the invoice. Your policy requires all such claims be reported to the insurance company, regardless of the dollar amount when it involves a third party.
3) Don't like fire depts charging you for services. Neither do I, which is why I have a particular interest in this area of insurance law. I don't mind telling you I am probably considered one of the leading experts in this area. It's a complex matter. I am sure there were possibly some good legal arguments as to why you didn't have to pay that fire dept bill. Too bad you already paid it but I understand why you did.

As an aside fire departments have become masters at extorting money from tax paying citizens who actually fund the fire dept to begin with. Your house burns down, wait for the fire dept bill of $5000 - $10000 or more. Don't believe me, look into. Even if you die in the fire they still want their bill paid.

4) At a minimum, you should ask your insurer to reimburse you what you paid the fire dept, and now that the claim is on your record you may as well make a claim for the damages to your motorcycle if you have collision coverage.
Click to expand...


Well...... I guess thats what home insurance is for as stupid as it may be..................
 
Something can become a claim to an insurance company only if someone makes a claim. How can an invoice to other party than insurance company can mean it is a claim to them??? It only becomes a claim if someone claims from them damages of some sort? Pls explain.
Forum Sponsor
 
You must log in or register to reply here.

Back
Top Bottom