Friends 2000 Vert got seats slashed ...help please...
11-01-2006, 07:41 PM
#21
Le Mans Master
Originally Posted by BiggieBoy
We're all wondering----What's the name of the Ins. Co. your friend is getting screwed by?????
I am not so sure that he is getting screwed. We just don't know. You would have to look at the policy and know the facts.
If, for example (and I assume that this is the case) there is some exclusion of coverage where the owner fails to take reasonable steps to protect and secure the vehicle....and the owner leaves the vehicle unattended and unsecured (top down) and the seats are slashed...I would say that falls within the exclusion. One might argue that the seats would not have been slashed if the top were raised and secure.
Of course, it's always possible that the vandal was so intent on slashing the seats that he would have cut through the top to get to them...but there is no way to know.
We are not in a position to say that anyone is getting screwed without reviewing the contract for insurance and considering the terms along with the facts.
An insurance policy usually places some duty on the insured to act reasonably with respect to the safety and security of the property. I am not in a position to comment on whether the insured, in this case, met any such obligation.
Last edited by Prosecutor; 11-01-2006 at 07:45 PM.
11-01-2006, 07:48 PM
#22
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St. Jude Donor '11
Originally Posted by BiggieBoy
We're all wondering----What's the name of the Ins. Co. your friend is getting screwed by?????
The important thing to me here is finding some damn used covers so I can fix his seats temporarily...If I can't find some here,I will go find some cheap temporary skins on ebay and buy them for him...I have seen many generous caring people here on the CorvetteForum over the years and I just wanted to try here first...again don't make the ins. co a big issue please
11-01-2006, 07:50 PM
#23
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St. Jude Donor '11
Originally Posted by Prosecutor
I am not so sure that he is getting screwed. We just don't know. You would have to look at the policy and know the facts.
If, for example (and I assume that this is the case) there is some exclusion of coverage where the owner fails to take reasonable steps to protect and secure the vehicle....and the owner leaves the vehicle unattended and unsecured (top down) and the seats are slashed...I would say that falls within the exclusion. One might argue that the seats would not have been slashed if the top were raised and secure.
Of course, it's always possible that the vandal was so intent on slashing the seats that he would have cut through the top to get to them...but there is no way to know.
We are not in a position to say that anyone is getting screwed without reviewing the contract for insurance and considering the terms along with the facts.
An insurance policy usually places some duty on the insured to act reasonably with respect to the safety and security of the property. I am not in a position to comment on whether the insured, in this case, met any such obligation.
If, for example (and I assume that this is the case) there is some exclusion of coverage where the owner fails to take reasonable steps to protect and secure the vehicle....and the owner leaves the vehicle unattended and unsecured (top down) and the seats are slashed...I would say that falls within the exclusion. One might argue that the seats would not have been slashed if the top were raised and secure.
Of course, it's always possible that the vandal was so intent on slashing the seats that he would have cut through the top to get to them...but there is no way to know.
We are not in a position to say that anyone is getting screwed without reviewing the contract for insurance and considering the terms along with the facts.
An insurance policy usually places some duty on the insured to act reasonably with respect to the safety and security of the property. I am not in a position to comment on whether the insured, in this case, met any such obligation.
...and once again...excellent explaination from a seasoned attorney..thanks!
11-01-2006, 07:55 PM
#24
Melting Slicks
Can't see how the insurance won't pay,, It's costs money to drive a vette,, if one can't afford it maybe they should look for something in their price range. What if the tires got slashed would they be looking for a set of free tires. ??
11-01-2006, 08:16 PM
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St. Jude Donor '11
Originally Posted by silverbullit99
Can't see how the insurance won't pay,, It's costs money to drive a vette,, if one can't afford it maybe they should look for something in their price range. What if the tires got slashed would they be looking for a set of free tires. ??
Thanks!
11-01-2006, 08:38 PM
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St. Jude Donor '11
Originally Posted by repo
Just buy him a new set, you have tons of dough.
...may just do that...thanks for helping and thanks for the brilliant advice
11-02-2006, 09:11 AM
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St. Jude Donor '11
Originally Posted by BT-01-vette
Contact Supercharger John, I know he was selling his Mid America covers......Black/red if that combo interest your friend.
11-02-2006, 09:23 AM
#32
Well, that's disappointing about the insurance company's response, but I give props to your buddy for being honest about the top down truth. So we lose a little faith in the insurance co. but gain a little faith in people.
11-02-2006, 09:34 AM
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St. Jude Donor '11
Originally Posted by rcs128
Well, that's disappointing about the insurance company's response, but I give props to your buddy for being honest about the top down truth. So we lose a little faith in the insurance co. but gain a little faith in people.
"...and I just may do that
Originally Posted by repo
Just buy him a new set, you have tons of dough.
Last edited by Yello95; 11-02-2006 at 09:37 AM.
11-02-2006, 09:37 AM
#34
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Originally Posted by Yello95
Hello fellow CorvetteForum members...
A friend of mine had a really bad experience last week...he had his beautiful sport seats (2000 Vert)slashed to bits by vandals. His insurance will not cover the damage because he left his top down...anyway they just will not help him out. He could have told them he had the top up but he answered them honestly and that was their response and decision . I think it was pretty lousy of them but anyway... He can't afford new covers yet until he gets his tax refund in May '07. I am trying to help find a set of used seat covers that someone may have taken off and doesn't need because they got new covers. If I can find some used black covers from a member then I will put them on for him free.I have replaced seat covers before and I know how to do it...(thanks to Vette essentials instructions) He is pretty depressed about the situation and I would like to help him out. If anyone has some old black seat covers will you please email me at...usacorvetter@att.net
I will pay shipping. Help will be greatly appreciated...Thanks in advance.
A friend of mine had a really bad experience last week...he had his beautiful sport seats (2000 Vert)slashed to bits by vandals. His insurance will not cover the damage because he left his top down...anyway they just will not help him out. He could have told them he had the top up but he answered them honestly and that was their response and decision . I think it was pretty lousy of them but anyway... He can't afford new covers yet until he gets his tax refund in May '07. I am trying to help find a set of used seat covers that someone may have taken off and doesn't need because they got new covers. If I can find some used black covers from a member then I will put them on for him free.I have replaced seat covers before and I know how to do it...(thanks to Vette essentials instructions) He is pretty depressed about the situation and I would like to help him out. If anyone has some old black seat covers will you please email me at...usacorvetter@att.net
I will pay shipping. Help will be greatly appreciated...Thanks in advance.
11-02-2006, 10:26 AM
#36
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Originally Posted by Yello95
11-02-2006, 11:06 AM
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St. Jude Donor '11
Originally Posted by DBRASUE
Yes in answer to your question.. I may want to speak with your "friend" directly. Is there any reason I couldnt do that?
Of course not
...but how about taking it to email instead of here..this thread is about finding someone with used covers that they don't need any more because they replaced them with new ones.
11-02-2006, 11:41 AM
#38
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Originally Posted by Yello95
Of course not ...but how about taking it to email instead of here..this thread is about finding someone with used covers that they don't need any more because they replaced them with new ones.
11-02-2006, 11:42 AM
#39
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Originally Posted by Yello95
I'm only telling you what my friend told me about his treatment from the ins. co
...and he said he had Collision and comprehensive coverage...the comprehensive has a $100 ded(supposedly covers vandalism
)....but their comp supposedly has exclusions,wtf?)..what ever the F that means in this case
...and he said he had Collision and comprehensive coverage...the comprehensive has a $100 ded(supposedly covers vandalism )....but their comp supposedly has exclusions,wtf?)..what ever the F that means in this case35 year as an insurance broker...
Something does stink here! First of all, comprehensive is coverage when your car is sitting still, and collision is for when it's moving. This is a comp. claim. Both sections have "exclusions"?
Vandelism is one of the most fundamental and oldest coverages in insurance history. He most certainly is covered! It sounds like they may be trying to argue he failed to protect from loss? That's a bunch of bunk. If you leave your car door unlocked and someone steals it - is it covered? If you put your top up and a vandal happens by with a knife guess what's about to happen to your top and seats? They should reward him for saving them the cost of top replacement. Convertibles have removable tops that's what they are designed to do... there is no policy language prohibiting driving, or parking a convertible with the top down.
Actually, I am familiar with a provision that says "once a loss occurs you are obligated to prevent further damage", but none that says you are obligated to "safeguard" from loss (other than maybe an alarm warranty,or other "warranties" which are specific endorsements to address certain issues). Unless he has materially increased the "risk" of loss over and above what the carrier contemplated on issuing he has not put the car at unreasonalble risk just by leaving the top down - the carrier knew they were insuring a topless car and he did nothing to materially increase their risk of loss. If the carrier isn't alleging fraud - this claim is clearly covered? I don't think your buddy is giving you all the straight poop about what's going on.
.
Last edited by SultansDiamond; 11-02-2006 at 12:02 PM.
11-02-2006, 11:52 AM
#40
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^ Exactly... I was an adjuster for over 2 years and I'd never deny that or even think to deny it.
Ther is language stating (as mentioned above) that you must prevent further damages... i.e. if your window is broken/shattered, then you don't cover them and drive for a week the water damage (if it rains) isn't covered.
However... in this case... something is up. He needs to speak to a manager.
FYI they may depreciate the cost of new foam and seat leathers due to wear, but I doubt it... the only items I ever took depreciation on were tires, batterys, and non stainless exhaust.
Ther is language stating (as mentioned above) that you must prevent further damages... i.e. if your window is broken/shattered, then you don't cover them and drive for a week the water damage (if it rains) isn't covered.
However... in this case... something is up. He needs to speak to a manager.
FYI they may depreciate the cost of new foam and seat leathers due to wear, but I doubt it... the only items I ever took depreciation on were tires, batterys, and non stainless exhaust.