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Insurance company denies my hail claim....

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Old 04-23-2016, 01:10 PM
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BigGoals
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Default Insurance company denies my hail claim....

My well cared for corvette is now chipped and scratched...

Insurance adjuster doesn't care that I personally wax the car twice a month and know without a doubt what damage is new and old... Had 3 inspections, only cracks and one scratched area has been covered by the insurance, they said hail doesn't chip or scratch paint... What to do besides hire an attorney? Denial was based on Exemption: "wear and tear". The last adjuster met at paint and body shop, they explained point blank to the adjuster this is hail damage, and still denied. If I sue, the insurance company has the burden of proof, so I don't see how I can lose, but a 1/3 of the proceeds.

What do you think about the insurance company's claim- Hail does not scratch or chip paint.

By the way- Adjusters tried to tell me there was rust inside the chips and therefore pre-existing. They also brought me over to a Ford Explorer with hundreds of dents and said this is what hail damage looks like. To which I politely responded - My car is not made of metal!













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Old 04-23-2016, 01:22 PM
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Mistrezz 06
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That's a lot of damage man, I'll said go for it and start your claim. I'll bet they didn't bitch when you were making your insurance payments on time. The only thing that might happen is they'll drop you from their cover.

That's a shame looks you take good care of that girl, good luck, hope things work out. M
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Old 04-23-2016, 01:29 PM
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If you sue, YOU have the burden of proof to prove your assertion.. Hail makes impact dents, not scratches...You can however file a claim with your State Insurance commissioner.. It's the State's legal body that over sees insurance regulations in the State.
Gather all of the other people in your area with hail damage from a specific storm, that has been documented , bring along pictures of their scratches and then you may meet the burden of proof, otherwise you are SOL.
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Old 04-23-2016, 01:34 PM
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My first step would be to call my agent, let him know everything you posted here. Let them know you will call your states insurance commissioner and file a complaint. It's obvious the adjuster is not well versed in certain vehicles and you want another adjuster to look at your car.
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Old 04-23-2016, 01:34 PM
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Since our panels aren't metal, where did he see rust in the scratches? Also, since our panels are so flexible, isn't it very likely that upon impact, it would just flex, not dent, but still chip the paint?
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Old 04-23-2016, 01:41 PM
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Originally Posted by Laser Guided
Since our panels aren't metal, where did he see rust in the scratches? Also, since our panels are so flexible, isn't it very likely that upon impact, it would just flex, not dent, but still chip the paint?
The paint is flexible... designed that way to handle shopping car dents etc... your car is painted with a water based paint that is specifically designed with impact in mind, the front and rear fascias are flexible urethane.
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Old 04-23-2016, 01:46 PM
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I won't debate this any more in this thread but the OP is barking up the well regulated Insurance system. If the hail was hard enough to scratch the finish, which is almost impossible because frozen water does not meet the harness factor of the clear coat, however the mass and velocity can cause impact damage, but not to SMC. it would also break the glass, as seen on most claims of hail damage...
Again good luck to the OP
Bill aka ET
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Old 04-23-2016, 01:50 PM
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Originally Posted by Evil-Twin
If you sue, YOU have the burden of proof to prove your assertion.. Hail makes impact dents, not scratches...You can however file a claim with your State Insurance commissioner.. It's the State's legal body that over sees insurance regulations in the State.
Gather all of the other people in your area with hail damage from a specific storm, that has been documented , bring along pictures of their scratches and then you may meet the burden of proof, otherwise you are SOL.
I suppose I can show the court before photos, photos of the hail, and photos after the hail.
They must prove their Exemption of wear and tear. From the Texas department of insurance bill of rights:
"37. BURDEN OF PROOF. If you sue to recover under your insurance policy, the insurance company has the burden of proof as to any application of an exclusion in the policy and any exception to or other avoidance of coverage claimed by the insurer."

Originally Posted by Bill Vett
My first step would be to call my agent, let him know everything you posted here. Let them know you will call your states insurance commissioner and file a complaint. It's obvious the adjuster is not well versed in certain vehicles and you want another adjuster to look at your car.
I have met with adjusters 3 times. I told them I would file a complaint. I did file a complaint after the last meeting with the Texas department of insurance, the Texas attorney general, and the better business bureau.

Originally Posted by Laser Guided
Since our panels aren't metal, where did he see rust in the scratches? Also, since our panels are so flexible, isn't it very likely that upon impact, it would just flex, not dent, but still chip the paint?
He didn't see rust, I told him my car isn't metal and he responded, oh well there is something dark down there. Why does road debris/rocks chip paint but hail doesn't? By the way there are several areas where road debris would have to be falling from the sky to strike that area of the panel, or for instance, the back of the bumper or next to the rear hatch glass.
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Old 04-23-2016, 01:53 PM
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with all suggestions. Also, the standard auto policies have an Arbitration provision for damages but not coverage. Both parties must agree to the arbitration. Just another way to avoid hiring an attorney and going to court. But most likely you will incur expenses if you choose this process. Discuss with your agent.

As a former auto adjuster (40 years ago), you would not believe what I contended with how insureds would try to get paid for damages not involved in their claim. Adjusters learn to be skeptics in their jobs.
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Old 04-23-2016, 02:01 PM
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any things possible i guess?

i lived in texas where it seam to hail every other week and here in illinois we had a few hail storms i never seen a car that had HAIL on both sides since it comes down on a angle from heavy winds, i personally had a few cars that got damaged my cousins c5 was in the same hail storm i was his car didnt have one mark i had $4500 in damage

never ever have a seen a car get scratched from hail, if that did happen i'd be more worried about them suing you for fraud you'd have one hell of a time proving it was hail and not done by you, not saying you did it but something to think about


Edit: its also kind of strange the side have more then the trunk or hood? even when a rock hits it just leaves a chip not a scratch?

Last edited by Stroker87; 04-23-2016 at 02:08 PM.
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Old 04-23-2016, 02:15 PM
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Originally Posted by Stroker87
any things possible i guess?

i lived in texas where it seam to hail every other week and here in illinois we had a few hail storms i never seen a car that had HAIL on both sides since it comes down on a angle from heavy winds, i personally had a few cars that got damaged my cousins c5 was in the same hail storm i was his car didnt have one mark i had $4500 in damage

never ever have a seen a car get scratched from hail, if that did happen i'd be more worried about them suing you for fraud you'd have one hell of a time proving it was hail and not done by you, not saying you did it but something to think about


Edit: its also kind of strange the side have more then the trunk or hood? even when a rock hits it just leaves a chip not a scratch?
Good point, on getting the tables turned and them suing me for fraud. Considering it isn't fraud, I will take my chances.

I found this, see post #5, he says hundreds of chips and a fight with the insurance, sounds familiar.
https://www.corvetteforum.com/forums...iberglass.html

Edit: I also have a large number of chips on the roof and hood from the hail, but I thought I would stick to the other panels because they are not as easily dismissed as road debris.

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Old 04-23-2016, 02:18 PM
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I was not going to post any more in this thread but because of the comedic value, I just acnt help myself... This guy said he meet personally with the State attorney general... Laughable.. he would be lucky to meet with any of the AAG... let alone the AG. usually someone like this embellishes his statement to the extreme. looking for a friendly ear.

What is to say this guy just didn't do it himself.. Where are the others with similar damage in the same neighborhood... I hope this thread goers on, I need a good laugh.
Hail goes sideways. he made sure all the areas of his car were covered... looks to me like insurance fraud in the works, trying to get a free paint job.....

IM sure he has got this all figured out in his head.. he forgets that not everyone is born stupid. Maybe He should have broke a few windows to make it more believable..

I fully expect him to come back here soon with some BS story that the insurance company was made to pay this claim... There isn't a shred of evidence that this damage was specific to a hail storm that just occurred over his car, on a specific documented night and no one else's. And with a density, hardness and impact velocity that his not been documented in the history of insurance claims..to cause scratches from frozen water.
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Old 04-23-2016, 02:24 PM
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By the way- anyone who wants to test the idea that ice can't scratch or chip paint, I have a bucket of ice and know where a tall building is - you bring the vette. - I really wanted to ask the adjuster to go buy a vette and let me throw ice at it.
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Old 04-23-2016, 02:29 PM
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Originally Posted by Evil-Twin
I was not going to post any more in this thread but because of the comedic value, I just acnt help myself... This guy said he meet personally with the State attorney general... Laughable.. he would be lucky to meet with any of the AAG... let alone the AG. usually someone like this embellishes his statement to the extreme. looking for a friendly ear.
Sorry my sentence wasn't structured terribly well, I should have inserted two commas.... I did file a complaint, after the last meeting, with the Texas department of insurance, the Texas attorney general, and the better business bureau. Didn't meet with the attorney general, but filed complaints after the last meeting with an insurance adjuster. No fraud, thanks for your support.
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Old 04-23-2016, 02:34 PM
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Georgia has an Insurance Commissioner with whom you can make claims and issue complaints. Your state may have the same setup. It would be worth a try. Good luck.
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Old 04-23-2016, 02:45 PM
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Originally Posted by captaineddie
Georgia has an Insurance Commissioner with whom you can make claims and issue complaints. Your state may have the same setup. It would be worth a try. Good luck.
Every State has a State Insurance commissioner. Insurance under righters are regulated by the State, granting licenses to insurance companies to sell insurance in the State. It is the insurance commissioners job to make sure that Insurance companies follow the guidelines set forth in the State. Every State Insurance commission has a complaint line, ( NO you wont get to talk with the State Insurance Commissioner or drop by for a one on one meeting, but you will be assigned a refere4nce number and an agent to handle your claim.

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Old 04-23-2016, 03:05 PM
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Originally Posted by BigGoals
By the way- anyone who wants to test the idea that ice can't scratch or chip paint, I have a bucket of ice and know where a tall building is - you bring the vette. - I really wanted to ask the adjuster to go buy a vette and let me throw ice at it.
The OP is right. Hailstones are not smooth ***** of ice. They all have jagged edges that can cause scratches on objects they hit. As evidence of this, you can see scratches in the siding of homes that have been hit by a hail storm. So anyone discounting the idea of scratches caused by hail doesn't know what they are talking about.
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Old 04-23-2016, 03:29 PM
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Originally Posted by thisMSGgood4me
The OP is right. Hailstones are not smooth ***** of ice. They all have jagged edges that can cause scratches on objects they hit. As evidence of this, you can see scratches in the siding of homes that have been hit by a hail storm. So anyone discounting the idea of scratches caused by hail doesn't know what they are talking about.
Add in wind-blown debris from a variety of sources/objects as well.
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Old 04-23-2016, 03:35 PM
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They do have really hard water in Texas.
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Old 04-23-2016, 03:37 PM
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Originally Posted by LoneStarFRC
Add in wind-blown debris from a variety of sources/objects as well.
That is the only reason they covered one scratched area, they said maybe the hail hit debris on the car. I had a new adjuster when I reinspected after I found additional scratches/chips, and they didn't try to cover anything, but instead referred me to dented cars as examples of hail.
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