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Date:         Tue, 5 May 1998 19:43:48 -0400
Reply-To:     Gary Stearns <gstearns@SPRINTMAIL.COM>
Sender:       Vanagon Mailing List <Vanagon@vanagon.com>
From:         Gary Stearns <gstearns@SPRINTMAIL.COM>
Subject:      Re: THANK YOU all...more than 20 pmail responses to my "van
              totaled             question"
Comments: To: "John C. Villines" <jcvinc@MAIL.ATL.BELLSOUTH.NET>
Comments: cc: Vanagon Mail List <Vanagon@Vanagon.com>
Content-Type: text/plain; charset="iso-8859-1"

-----Original Message----- From: John C. Villines <jcvinc@MAIL.ATL.BELLSOUTH.NET> To: Vanagon@VANAGON.COM <Vanagon@VANAGON.COM> Date: Tuesday, May 05, 1998 7:46 AM Subject: THANK YOU all...more than 20 pmail responses to my "van totaled question"

John-

I missed the original post, but I may be able to help. I am an owner of an insurance agency in Connecticut with clients that have one car and clients with business operations all over the world. We go to bat for clients at claim time constantly. If you are claiming the damaged van from the insurance carrier for the vehicle that hit it (as you should be, but this assumes that this car was insured), you are to some degree "in the drivers seat". If you are able to demonstrate the value of your VW (including recent upgrades/improvements) you're in good shape already. However, if you find that this insurance carrier is only talking about "book value" for the average van in average condition, you've got some work to do. The responsible driver is liable for the damage or replacement of YOUR van, not a generic average van. First, don't be intimidated by the claims adjustor. In my 21 years in the insurance business, I've dealt with few that have any "people skills". Many are rude and inconsiderate; especially when dealing with a claimant that is not a customer of his/her company. Don't be afraid to flex your muscles. Threaten to complain to the insurance commissioner, and if ultimately needed, do it; with a copy of the complaint to the adjustor (no need to involve his supervisor...yet). In Connecticut complaints like this are taken seriously by the Commissioner. The adjustor has 10 days to respond to the complaint justifying his actions. The complaint becomes a permanent part of the adjustor's licensing file. Hopefully that's true where you are also. I'll bet that your problems will by now be solved. If not, now is the time to ask the adjustor who the "claims manager" for his office is, and for a phone and fax number of that person. Fax all of this to that person. If all of this fails, threaten to sue the driver, and threaten to take the issue to the court of public opinion: ie lettters to the editor of the local newspaper, and any other periodical that would strike fear into the insurance company. Be careful though, when you do this you are playing in dangerous territory. Be sure that anything you say that will be published is factual, honest, and devoid of unsubstantiated accusations. You don't want to sued over this. The bargaining power that you have falls into two areas: There is a point where most insurance companies will pay what you want just to make you go away; to make you stop being a pest. They are also quite concerned about reputation and public opinion. They don't want letters to the editor painting them as abusive corporate monsters. Finally, do come prepared to justify the $$$ that you need to be compensated for the van. Don't pick a number from a hat, and don't inflate the number. When looking for help in this situation you MUST be creditable and honest. Good luck! If I can help further e-mail me again.

Gary


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