Wednesday, January 10th, 2018
by Brian Tenzer, Senior Partner Windshield claims (A.K.A glass claims) are prolific. Many insurer are so inundated with glass claims that they settle and pay them rather than litigate…..and that is what the glass companies and their attorneys are counting on. They count on the insurers not speaking to their insureds, not asking for photographic evidence of the damages, and not taking depositions of key witnesses. The result is that claims, fraudulent claims, continue to pour in. Understanding that the majority of glass claims are legitimate, a decision to address the claims of problematic glass companies may go a long way in ending the tide of false claims if the claims are investigated and litigated properly. First and foremost, you have to talk to your insureds. Ask if they approached the glass company, or were they approached by the glass company. As some glass companies are strictly mobile, knowing where your insureds are being approached and maintaining a database on the locations are critical. Do not be surprised when you see trends as to where your insureds are being contacted. Remember that glass claims are dictated solely by the policy with no statutory overlay. Many Plaintiff attorneys are from the PIP world and believe the same standards that apply to PIP also apply to glass claims. A good example of this is the assumption that an insurer must pay “reasonable charges,” or charges that are “usual and customary.” That may not necessarily be the standard dictated by your policy and thus, it is wise to look at your policy language concerning payment and determine if a different (and perhaps more advantageous) standard may apply. Take a deposition of the glass technician or the Corporate Representative of the glass company and make them show you proof of the damages that required a total replacement of the windshield (since many times there is no notice until after the work is completed). Ask them about their gift promotions such as free movie tickets (as the insurer, you are paying for them). Ask about the certifications and qualifications of the technician. When the insurer starts taking these questionable glass companies to task, they will find that the glass companies will take their fraudulent business elsewhere.
Tagged under: Tags: Fraud , Fraud Detection , Glass Claims , PIP , Windshield Claims
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