Hold on Insurance settlement Moez asked 2 years ago
Hold on Insurance settlement

We have comprehensive insurance with Nationwide. My wife recently rear ended her covered Tesla. During the damage assessment stage, Nationwide’s investigative officer called us and demanded a copy of my son’s driver’s license and the copy of the title on a 2nd Tesla that is also insured by them. We explained that my son was not in the car and had little to do with the accident. In fact, my son is covered with Progressive auto insurance for a Prius that he alone drives. Nationwide has insisted that we provide my son’s driver’s license and copy of the title on the other Tesla or they will put a hold on repairs. Can they legally use these coercive tactics and get away with it in the State of Oregon?

Appreciate some clarity on the above. Also pls recommend a couple of good attorneys who can help with this case.

Thanks in advance.

2 Answers
Amy Bach Amy Bach Staff answered 2 years ago

If your son had nothing to do with the accident, the insurer is making an unreasonable request in connection with your claim. Here are two provisions in Oregon law you may be able to reference in a letter or email to the insurer to put them on written notice that they’re behaving unreasonably. We also suggest you notify the Oregon Division of Financial Services about the insurer’s action – they may be able to get them to rescind the request with a phone call.

ORS 746.230

Unfair claim settlement practices: (m)Failing to promptly provide the proper explanation of the basis relied on in the insurance policy in relation to the facts or applicable law for the denial of a claim; or

https://oregon.public.law/rules/oar_836-080-0235 Rule 836-080-0235

Standards for Prompt and Fair Settlements — Generally

(1) An insurer shall, not later than the 30th day after its receipt of properly executed proofs of loss from a first party claimant, advise the claimant of the acceptance or denial of the claim. An insurer shall not deny a claim on the grounds of a specific policy provision, condition or exclusion unless the denial includes reference to the provision, condition or exclusion. A claim denial must be in writing, with either a copy or the capability of reproducing its text included in the insurer’s claim file.

To request help from OR DFS you can call their Consumer Hotline 888-877-4894 (toll-free), email them or file an online complaint. DFR.InsuranceHelp@dcbs.oregon.gov.

Kelly Mannion Kelly Mannion answered 2 years ago

If you’d like to get in contact with an attorney UP has a “Find Help” Directory https://uphelp.org/sponsor-location/oregon/