Complaint Review: Infinity Insurance Companies

As a 40 yr claim advocate and claim mgr for 9 national insurers, you violated numerous provisions and conditions of your own insurance policy. Its a well written rule from the insurer, agents and about everyone driving a car the past 50 years, Never Admit Liability-read your contract "in case of a loss." You do not have authority under your auto policy to obligate the insurer. They could and can literally rescind their obligations under the policy. You have prejudiced their rights of the claim and would never be liable for bad faith. 

Many times it appears the policyholder feels morally wrong when in fact after further investigation, the claimant may have contributed to his/her own accident in some way making your liability theory bogus. This is akin to you replacing your roof after a hurricane and sending the insurer the bill. They reserve the right under contract to inspect and investigate all losses and make a decision as to who, what and how much is owed. You do not have the right of admitting liability on behalf of the carrier.

Any payment under the liability provisions of any policy must be made to the 3rd party claimant, they could never pay you direct for the damages under any circumstances, you are not the claimant as spelled out in all auto policies. You cannot collect for your kind deed, regardless how misguided it was.

Working in a dozen States including Florida as a claims advocate for policyholders, I cant remotely begin to know of any attorney that would consider your case under these circumstances.

You played Good Samaritan at your own expense. Sadly to say, the claimant can and should still come back after you for damages as I am sure you did not think about taking a Release of all Present and Future Claims for bodily injuries that usually always crop up after 12 months. If he was married, a Husband and wife Release need be taken jointly for any payments. A spouse has certain rights for her husband injuries and lost of services in many of these cases. He will be able to find a good slick atty and still have a valid claim against you. You may have prejudiced your own policy and your insurer may be right in not protecting your interest at that time.  You have left an open claim for the claimant to file anytime within the Statute of Limitation period. Your payment to him means nothing, it was a gift and admission of liability to offset any future claims he may wish to file. 

The Claim Advocate

Get a attorney asap! Atlanta Casualty will have to do right by you if you make them. Also some states have bad faith laws regarding insurance companies that deny or prolong legitimate claims. It is a shame that you pay for coverage, then have to make them pay.... but that is the way it is!! Make sure you get a attorney that does NOT represent insurance companies in any shape or fashion. Just sue them and then they can not ignore you!

Get a attorney asap! Atlanta Casualty will have to do right by you if you make them. Also some states have bad faith laws regarding insurance companies that deny or prolong legitimate claims. It is a shame that you pay for coverage, then have to make them pay.... but that is the way it is!! Make sure you get a attorney that does NOT represent insurance companies in any shape or fashion. Just sue them and then they can not ignore you!

This clarification of my initial report is written in response to Amy's speculations and suggestions.

I did not try to settle the case myself, but I wasn't very specific in the report so I can understand why you may think so, plus, with the overwhelming and ever-increasing amount of insurance fraud, you would be a fool not to be suspicious.

You are correct Amy, I accepted fault and gave the victim my insurance information I also gave him the money for a bike right there and then because it's such a small amount I didn't want him to wait for the insurance and I didn't care if I got reimbursed or not. I was so relieved he wasn't terribly hurt, spending a couple of bucks on a bike was nothing.

The insurance company was called from the very beginning and I saw a representative of the insurance company, Janet L. Fitzgerald, a day or so after the accident (that was the only call she answered, and I never heard from her again). She took photos of my car, recorded my report, and gave me her business card. She told me that I would probably not be reimbursed for the bike I bought for the poor guy. I let her know I couldn't care less about that but was reporting the accident so the appropriate procedure would take place and because I also gave my insurance information to the hospital. So you see, I wasn't trying to settle the case myself. She said that they would investigate and would let me know. I never heard from her again and neither did the victim.

In your comments you say ?Next time give the victim the information and let it go at that?. Car insurance is required by law to enforce people's responsibility in case of an accident, IT IS NOT INTENDED TO REPLACE BASIC HUMAN DECENCY AND MORAL DUTIES. This person did not speak English, I hit him with my car and destroyed his bike and he was asking me to take him to the hospital (he originally turned down the ambulance but he changed his mind and called me to take him since he didn't speak English and had no one at that moment to help him out), you couldn't possibly be implying that I should have said no and told him to call my insurance and wait for their call? I drove him to the hospital, not because I was ?trying to be nice? like you say but because it was my responsibility as a decent human being.

In response to your comment about "pilling medical bills" I want to remind you that I was not the one hurt, thus I was not admitted to the hospital, and thus I have no medical bills. I gave the hospital staff my insurance information while informing them I had hit him.
The victim's bill was probably petty since he was only slightly bruised and did not have any major damage or broken bones. He was immediately discharged with a prescription for pain.

When I found out that they had never paid the hospital bill (not sent to me, but to the victim) I called the Insurance Commissioner and he said there was not much they could do since the Insurance Company had 90 days to settle the case. But 90 days passed by and nothing happened. My outrage is not about money, it's the principle, and those "petty" hospital bills that the responsible insurance companies don't pay, eventually add up and we all end up paying them with taxes.

It does not surprise me that because I did what was right, some may think I had an ulterior motive. Honest people (and companies) are becoming scarce. My only motive for reporting this case was the personal satisfaction from knowing this injustice will be posted for others to see. Whether anyone believes it or not is of no consequence.

Let's see....You had an accident and accepted fault but chose to pay out of your pocket rather than giving them your insurance information and allowing them to contact your carrier. (many people do this in an attempt to keep their insurance company from finding out about an accident) Then the bills start adding up and you decided you wanted to be reimbursed by your insurance carrier.

The purpose of the claims department is for them to investigate the claim and all costs associated with it and determine payment to the victim. You chose to do their work and now you expect them trust you and the other party have done their job correctly. I realize you may have just been trying to be nice but the reason you have insurance is for them to accept and settle the claim. Next time, give the victim the information and let it go at that. Never attempt to settle a claim on your own. Some people would accept your cash then call your insurance company and file a claim with them also.

I'm not sure why the adjustor didn't return your calls. If you aren't pleased with your carrier than contact your insurance commissioner if you haven't already.