Empower Insurance Group
P.O. Box 137089
Fort Worth, TX 76136
Phone (817) 231-4300 Fax (817) 231-4303
Filed Response to:
PeopleClaim
www.PeopleClaim.com
Response Date: 02/17/2014
Document ID: 1259396-231919
Complainant: Billie Fly
Insured Name: Josefina Martinez
Policy Number: EML860430
Claim Number: 144788
Adjuster: V. Pike
Date of Loss: 12/09/2013
Attachments Herein: File Notes
Empower Insurance Group MGA, Inc. (“Empower”), as a managing general agent for Old American County Mutual Fire Insurance Company (“Old American”) submits the following response to your letter.
Empower is grateful for the opportunity to respond.
Herein you will find a summary of the main items presented and a factual background concerning the loss that addresses each matter in detail.
Summary
The third party complainant states that Empower has failed to handle the claim in a timely manner. The third party third party complainant further states that Empower has failed to provide a fair offer for the replacement of the vehicle which was deemed a total loss due to an accident in which the insured was at fault.
Empower immediately responded to the reporting of the claim. The vehicle was inspected and deemed a total loss based on the related and unrelated damages, age and mileage of the vehicle. Empower has made a fair value offer based on the Actual Cash Value (ACV) of the vehicle. The third party complainant disputes the ACV.
Empower requested comparable value examples from the third party complainant. The comparable value examples submitted by the third party complainant were largely vehicles of a different make and model. Those that were the same make and model had significantly less mileage than the third party complainant’s damaged auto and did not account for the $1,670.00 of prior damage.
The third party complainant sent in additional comparable vehicle examples which have been reviewed and a concession was made to the original offer. The third party complainant was contacted and Empower extended a revised offer for the vehicle. The third party complainant has not accepted the offer and indicated that they would be sending additional receipts for review.
The conclusion of the claim is pending the review of receipts to be sent to Empower by the third party complainant and the third party complainant’s response to the revised total loss offer.
Please find our summary from the complaint followed by supporting details and/or timelines in our factual background.
1. Asks PeopleClaim and the third party complainant to note that Empower immediately responded to the reporting of the claim. Empower further inspected the vehicle within one business day of reporting.
2. Asks PeopleClaim and the third party complainant to note Empower has kept the third party complainant apprised of the claims status throughout the claim handling process.
3. Asks PeopleClaim and the third party complainant to note that Empower has made a fair value offer based on the ACV of the damaged auto. The third party complainant disputes this offer.
4. Asks PeopleClaim and the third party complainant to note that Empower requested comparable vehicle value examples from the third party complainant. The comparable vehicle value examples submitted by the third party complainant were largely vehicles of a different make and model. Those that were the same make and model had significantly less mileage than the third party complainant’s damaged auto and did not account for the $1,670.00 of prior damage.
5. Asks PeopleClaim and the third party complainant to note the third party complainant sent in additional comparable vehicle values which have been reviewed and a concession was made to the original offer. The third party complainant was contacted and Empower extended a revised offer for the vehicle. The third party complainant has not accepted the offer and is submitting additional receipts for review.
6. Ask PeopleClaim and the third party complainant to note the conclusion of the claim is pending the review of receipts to be sent to Empower by the third party complainant and the third party complainant’s response to the revised total loss offer.
Factual Background
The claim was reported to Empower after hours on 12/10/2013. Empower immediately contacted all of the involved parties the following business day.
12/11/2013 1:17:14 PM Recording Note Duration: 16 minutes Memo: obc to insd @ 832-845-5503 tt josephina and interp carlos having internet problems tt insd need r/s
12/11/2013 2:14:20 PM Recording Note Duration: 17 minutes Memo: obc to iv dr @281-571-6344 tt blanca and interp mariella
12/11/2013 3:07:08 PM Recording Note Duration: 37 minutes Memo: OBC TO CLMT @ 832-696-9554 TT GEORGE GOT R/S knows wrecker
The vehicle was inspected and deemed a total loss the next day. A phone call was also made to the third party complainant where a voice mail message was left stating the vehicle was a total loss.
12/12/2013 3:30:38 PM Recording Note Duration: 1 minutes, Memo: obc to clmt @ 832-696-9554 lm on t/l
The third party complainant was contacted on 12/16/2013 and advised that a copy of the title was needed and that no further rental coverage applied.
12/16/2013 5:26:27 PM Recording Note Duration: 35 minutes Memo: obc to clmt @ 832-696-9554 tt george , advised that we need to title he will email to me , he cant move the veh needed a car advised that rental no longer applies, he kept stating that we owe him a veh told him until iI get the needed information there is not coverage ,. I need to verify dr as per their statement dr would not admit to driving the veh , I need proof of iv dr and pr , documents from the iv dr for there to be coverage .
Empower received a copy of the vehicle title and contacted the third party complainant on 12/20/2013 to extend the total loss offer.
12/20/2013 3:57:28 PM Recording Note Duration: 1 minutes, Memo: obc to clmt @ 832-696-9554 lm with t/l figures ,
A call was returned to the third party complainant on 12/24/2013 in which the third party complainant disagreed with the total loss vehicle offer. Empower advised the third party complainant to submit proof of the value of the vehicle as the third party complainant indicated this was a special edition vehicle. Empower asked for the comparable vehicle value examples. The third party complainant also stated he had released the vehicle from the storage facility.
12/24/2013 9:54:19 AM Recording Note Duration: 30 minutes Memo: OBC TO C;LMT TT GEORGE HE WILL GET ME THE PAPERWORK ON RECEIPTS ON WHAT HE HAS DONE TO THE VEH , HE AND HIS SON WERE REFURBISHING THIS VEH AND STATED THAT HE HAS RELEASE THE VEH , THIS IS SPORT EDITION ONLY MADE 97 -99 WILL HAVE TO GET COMPARIBLES OUTSIDE HIS AREA , THIS IS SPORT MODEL
The third party complainant contacted Empower again on 01/02/2014 and advised that he would be sending in receipts and the comparable vehicle value examples. The third party complainant also stated he has released the vehicle from the storage facility.
1/2/2014 4:10:18 PM Recording Note Duration: 2 minutes, Memo: OBC TT GEORGE STATED THAT HE HAS RELEASED THE VEH , HE WILL CALL AGAIN TO RELEASE STATED THAT WE ARE NOT OFFERING ENOUGH FOR THAT VEH , WILL NEED TO SEND IN COMPARABLES AND RECEIPTS FOR UPGRADES DONE, STATED THAT HE IS HAVING A HARD TIME GETTING RECEIPTS , THIS HAS BEEN A 3 YR PROJECT THAT HE WAS WORKING ON WITH HIS SON FOR A GRADUATION PRESENT IN JUNE, WANTED MDS PH # GAVE IT TO HIM ADVISED THAT HE WILL GET SAME ANSWERES
Empower attempted several times to contact the third party complainant in regards to the release of the vehicle. No response was received.
1/10/2014 12:35:59 PM Recording Note Duration: 1 minutes, Memo: obc to clmt @ 832-969-9554 lm for george that due to high storage fees his only option is to owner retain and let the shop repair, lm with power retain amt , mailed sra to clmt
1/10/2014 12:38:15 PM CLMT LETTER / INSD LETTER George Amundson Claims document 'Contact - 1st Claimant' sent to George Amundson
• Mailed to 2019 WICKBURN DR SPRING TX 77386.
Empower received a message from the third party complainant on 01/13/2014 and returned the call the same day. Again, no response was received.
1/13/2014 5:07:23 PM CLAIMANT George Amundson Recd mesg from clmt. Called clmt back, Left mesg for clmt, Explained returning his call.
The third party complainant again contacted Empower to dispute the total loss offer. Empower attempted to inform the third party complainant how the vehicle valuation was determined. Empower explained that only the ACV was owed and neither the replacement cost or retail value was owed. The third party complainant was again informed that comparable vehicle value examples were needed and/or receipts for replacement parts added to the vehicle were needed to support any additional value.
1/13/2014 6:06:20 PM Recording Note Duration: 14 minutes Memo: IBC from Clmt -- Clmt. states that Empower has not offered him a fair offer for the damaged vehicle. Clmt. starts by stating that the vehicle is a classic vehicle and also he sees them being sold for $6000. States no way he could possibly replace vehicle for the amount Empower is offering. States moreover, no one has even provided a rental car. Advise that the vehicle is a 1999, in order to be a classic vehicle must be at least 20 years or older to be considered a classic. Advise we also owe only the ACV, not replacement cost nor retail value of the vehicle. Advise will provide break down of where we get our offers, Clmt. is interrupting, stating that he doesn’t need the break down, Empower did not even use the right systems. States that this vehicle cannot be found on KBB or Edmonton as it is a Special Edition Sports Edition. Advise that Clmt. can submit any information he has as comparable value examples. Advise that in the State of Texas, no rental is owed on a total loss vehicle. Clmt. states he gets loss of use though. Advise loss of use can be offered from the time the claim was reported until it was deemed a total loss. Clmt. states it was deemed it a total loss the next day though. Advise yes, because the claim is handled in a timely manner. Advise will offer 2 days at $20 per day, can request payment for $40. Clmt. states that that is not fair because Empower has failed to provide a fair offer within a reasonable amount of time. Advise we provided a fair offer based on what we found when inspecting the vehicle. If there are parts or work done on the vehicle that perhaps we did not see, those can be submitted. Clmt. continues more of the same. Advise clmt. I cannot provide a solution if he does not want one. If he disagrees with out T/L numbers, he needs to submit comparables. Clmt. asks for Vicky direct supervisor contact information. Clmt. disconnects call.
Comparable vehicle value examples were received on 01/20/2014 and submitted for review. Upon review, the third party complainant had submitted multiple vehicles of a different make and model than the damaged auto. Those that were the same make and model had significantly less mileage than the damaged auto. The third party complainant’s comparable vehicle value examples also did not account for the $1,670.00 of prior damage on his damaged auto.
1/21/2014 2:20:59 PM TOTAL LOSS George Amundson Revd comps from Clmt for t/l value. Most of the comps sent in are not even the same veh. We will not review these. Veh has a lot higher mileage than what he has presented and he has not taken off anything for upd. Our value will stay the same at this time.
The third party complainant contacted Empower and was informed of the results of the comparable vehicle value review. The third party complainant again disagreed with the amount offered and was instructed again to submit vehicle values that were truly comparable in make, model and mileage.
1/28/2014 12:53:43 PM Recording Note Duration: 12 minutes Memo: ibc tt clmt mother billlie on title is not stated that the clmt is upset byt this process stated that we got comparables but the mileage is not even close on the comparables to use and we need the invoices for repairs done so we can review them for a better view on what veh is worth, she will see if she can get stated that they wanted 5500. advised that until we get something showing why that veh is worth more the # s will not chg, also stated that the storage fees were over 800 now advised her that is because clmt did not release veh , stated that he did not have a veh to go and release the veh , advised that I called him several times on the release and he kept telling me that he had released the veh , but when we got together on the phone with shop they had not tt him as he had to come in to release the veh ,could not do it over the phone, , she stated that he is disabled mental and health wise and that this is causing him mental anguish, advised that we paid for damages on the iv but have not done anything for her sons veh, advised her that was untrue as
On 01/29/2014, Empower contacted the third party complainant to follow up on the progress of obtaining any receipt for work done to the damaged auto as well as any comparable vehicle estimates. At that time, the third party complainant advised that none had been obtained.
1/29/2014 3:38:27 PM Recording Note Duration: 2 minutes, Memo: obc to clmt mother billie stated that have they had any luck with the receipts not yet he is trying to get them together
Comparable vehicle value estimates were received on 01/31/2014 and were submitted for review.
1/31/2014 8:22:32 AM CLAIMANT George Amundson rcd comps to lbaxley to review
The comparable vehicle value examples were reviewed and a concession was made to the original offer. The third party complainant was contacted and advised of the new offer for the vehicle. The third party complainant indicated that they would be sending additional receipts for review.
Revd comps from clmt. Still not the same year veh has clmt has. Ran comps for clmt veh. Found 3 comps and kkb price. Used the 3 comps for average and get value. Reran t/l work sheet to be able ded for upd that clmt veh has.
2/7/2014 10:22:25 AM Recording Note Duration: 5 minutes, Memo: obc to clmt @713-417-5935 tt billie stated that the got some of the receipts she will fax on monday , stated
The conclusion of the claim is pending the review of receipts to be sent to Empower by the third party complainant and the third party complainant’s response to the revised total loss offer.
Contact Information
If we can provide additional information please do not hesitate to contact me as I am fully confident we have performed our duties well.
Thanks for the opportunity to respond.
Bill Doherty
Claims Manager
Empower Insurance Group
D: 817-245-4141
wdoherty@empowerins.com