R50/R53 :: Hatch Talk (2002-2006) Cooper (R50) and Cooper S (R53) hatchback discussion.

R50/53 Some MINI B-day this has been...

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Old Mar 29, 2007 | 01:08 PM
  #1  
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Some MINI B-day this has been...

One year ago today I became the proud owner of a fresh-off-the-boat S. It's been one hell of a year.

The car has performed like a dream. I've never taken it in for warranty work, once, in the past year. I only accumulated 9900 miles, with about 2000 left on the service indicator, so she's sitting at the dealer now for the "annual" oil service.

While mechanically she's been perfect, I wish I could say the same for my luck. Less than a week after I took her home, a large piece of aluminum road debris flew into the lower front grill, puncturing the condenser.

In November I was rear-ended while sitting in traffic, approaching a stop light. The other driver gave me his driver's license, but wouldn't give his insurance info. I called my insurer and gave them all the information I had, assuming they would collect from the guy, but I've yet to see any results. They paid for the repairs but I'm still out my deductible and have a claim on my record.

I've been on an extended business trip for the past couple of weeks. I got to fly home last weekend and I found that my car had been keyed. Called my insurance company and they told me that if I had 3 claims, despite the fact that none were my fault, I would be cancelled at the next renewal. Before I bought this car I had never made an insurance claim in 10 years. I've never been in an accident, and I've never even had a speeding ticket.

Well, the other shoe dropped today. I had my dealer's body shop make an estimate while the car was in for the oil change. $2,500 out of my pocket this random act of violence. I'd make the claim and be cancelled, but I'd end up paying more than that in "high-risk" insurance over 3 years.

Sorry for the woe-is-me post, but I'm not too happy on this joyous day. At least the birthday e-mail from MINI cheered me up a bit.
 
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Old Mar 29, 2007 | 01:58 PM
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I feel for ya.

I had the great pleasure today of calling my insurance company to tell them I was dropping them due to their inattentive service in favor or cheaper premiums with better coverage. She said she was SO sorry and then asked if she could give me a quote now before she submitted the cancellation request. I told her "too little, too late."

If your insurance company refuses to recover costs from the at-fault motorist mentioned in your first incident, you could always pursue him in small claims court. It can be a bunch of work to get a judgement and then collect. I'm normally against using the courts in such a manner, but after being sued a few years back on baseless accusations, my new motto is "sue the bastard."

Happy MINI bday.
 
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Old Mar 29, 2007 | 01:58 PM
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Sorry to hear all that. Happy Birthday anyway and here's to a better year ahead.

What insurance company is that by the way
 
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Old Mar 29, 2007 | 04:50 PM
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Sorry to hear about your string of luck. BTW, is that key job really deep all the way to the bare metal? And about how long is it? It may be possible to have a pro-detailer (autopia.org affiliated) use OEM touch up paint (base and clearcoat) followed by an array of compound/polishes to smooth it all out (almost undetectable) for a fraction of that $2500.


Here's hoping that keying-culprit chokes on his french fries at McD on North Clark St....<end of psychic vision>
 
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Old Mar 29, 2007 | 05:18 PM
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Sounds like someone could use a cold one or two.
 
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Old Mar 29, 2007 | 06:36 PM
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Stewie,
Its State Farm. They were great for the other 2 instances. Third time's the charm, I guess.

Chili,
Some of the marks are deep, others aren't. One runs the full length of the left door. I'm most worried about the hatch and rear bumper, which now read "Bi**h" and "Fu** You!", respectively. I thought the exclamation mark was a nice touch. I'm definitely going to shop that quote around.

Paul,
I think I filled my quota on the night I found the damage.
 
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Old Mar 29, 2007 | 07:17 PM
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so sorry to hear about your bad luck, i guess we all have different kinds of luck, i've never been keyed or hit or anything but i've been into the dealer about ten times in my first year
 
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Old Mar 29, 2007 | 07:45 PM
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yeah sorry to hear the series of bad luck. but it happens. i just got a speeding ticket which i might fight, because it's highly improbably and the officer was most likely giving me a ticket because i'm young and got a new car

(the kids at my school all have nice cars so yeah... :()
plus an accident in my other car. hahah it happens. that's life.

but hopefully a stroke of goodluck will follow up :D
 
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Old Mar 30, 2007 | 04:52 AM
  #9  
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So sorry to hear of your string of bad luck. Hope this year turns around for you and your MINI. If I had seen the person keying your car...:impatient
Ours..tends to be water damage...but that is another story
 
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Old Mar 30, 2007 | 05:02 AM
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Originally Posted by AgBul8
Stewie,
Its State Farm. They were great for the other 2 instances. Third time's the charm, I guess.

Chili,
Some of the marks are deep, others aren't. One runs the full length of the left door. I'm most worried about the hatch and rear bumper, which now read "Bi**h" and "Fu** You!", respectively. I thought the exclamation mark was a nice touch. I'm definitely going to shop that quote around.

Paul,
I think I filled my quota on the night I found the damage.
I happen to work for State Farm. Five years as an Underwriter/Underwriting Manager and recently switched over to being a Claim Rep.

I can tell you without a trace of doubt that you are not, and cannot, be terminated for 3 claims you've told us about here. What you've described to us in your initial post are an Uninsured Motorist claim, a not at-fault Collision claim (Property Damage Liability claim against the other driver), and a Comprehensive claim. While bad luck, it isn't cause for termination, I assure you.

What's the real story here ? I'd love to see your termination notice.
 
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Old Mar 30, 2007 | 07:24 AM
  #11  
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The rear ender should be subrogated (ex claims manager here) no matter if it was minor or not. What was the damage? Each state has a threshold for small claims court-usually between 5-10K. Did you call the police? If not your are probably out of luck and that is why State Farm can't collect either. Right now it's your word against his so you need something to break the tie-a PR is that thing so I really hope you called them!

If you do have a PR-call the subrogation department of State Farm and talk about your situation-get your agent to do the same.

Sorry about your string of bad luck!
 
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Old Mar 30, 2007 | 07:48 AM
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Yes, I'm sure we tried to sub that loss. But whether or not it was successful, it's not considered to be at-fault.

At most, the one loss may have been considered to be at-fault, depending on the actual facts of the loss. That would be the loss where "debris" struck the condenser. If the item was laying in the road and you struck it, it would be a single car collision loss and at-fault. If the item came off another vehicle and struck you, it would be a UM loss or a PD loss, depending on the actual facts.

Anyway, you have, at most, one at-fault loss as described in your post. Not cause for termination.

Again, what's the real reason you're being canceled ???????
 
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Old Mar 30, 2007 | 07:53 AM
  #13  
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Originally Posted by Chili Red & Pepper White
Again, what's the real reason you're being canceled ???????
I'm not being cancelled. I was told that if I filed this claim, it would be extremely likely that I would be cancelled. I have not filed the claim, and I have not recieved a cancellation notice.

The incidents as posted are the only claims I have filed, or contemplated filing, and they were described exactly as they happened. So you're saying I should have another chat with my agent?

The debris incident: An aluminum ladder was laying in the middle of an expressway lane. I completely missed the ladder, but very shortly after, a piece of aluminum (likely from someone else striking the ladder, or the mount that the ladder fell off of) was tumbling down the roadway. It was moving towards me in an erratic pattern, and I could not avoid it. It could not have been stationary, because it was flat, and was stuck in my grill 8" off of the ground. If I had hit a stationary object, I would of have a flat tire, or it would have been sucked into the underbody. State Farm paid $980 for the repair.

The rear-ending: The Chicago Police generally don't respond to minor traffic accidents, especially during rush hour on Lake Shore Drive. Both parties are expected to report to a station to file a report. I went, the other guy didn't. State Farm paid ~$1800 for the damages. Cracked bumper, broken bumper mounts, bent exhaust, and damaged battery box. I have his DL and phone number. I received a notice from the sub department, but have heard nothing one way or the other.
 

Last edited by AgBul8; Mar 30, 2007 at 08:03 AM. Reason: Added details of the incidents
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Old Mar 30, 2007 | 08:06 AM
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Okay, I can assume the first incident was considered to be at-fault (striking an object in the roadway), even though it was unavoidable. Tough break, I know.

But your other loss can't be considered to be at-fault. Once we agree to subrogate, that closes the door on assigning you fault.

The keying while the veh was parked and unoccupied cannot be considered at-fault. It's clearly a comp claim. Talk to your agent again. There is a misunderstanding. Filing that claim will NOT result in termination. We can terminate for excessive comp claims but rarely do so. And from what you've said, you don't have excessive comp claims.

Yep, discuss with your agent again. What you've been told is incorrect.
 
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Old Mar 30, 2007 | 08:27 AM
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Did the police follow up with the other guy? I am not positive but I would think he could also be charged with failure to report. Did you get a police report or some kind of acknowlegement that you did report the collision? If so you are good for a small clains action, which is cheap and quick, collection of the verdict is more difficult but at least you've done everything you can and State Farm should pick up the bill as they will get everything less the deductible. Your claims are pretty minor-even with the keying your still under 5K which is low. I think it's the frequency of the claims that has your agent spooked-if your young that may also be a factor BUT your should not get cancelled for this. I could see a rate increase which sucks but not a cancellation. Something else to consider- did the keying happen in a secured, monitored parking lot? If so, file a claim against the lot owner now. Good Luck!
 
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Old Mar 30, 2007 | 08:41 AM
  #16  
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MDK, An agent being "spooked" by 3 claims in a short period of time is one thing. Our company terminating a ph is another thing completely. I'm sure you're aware of State compliance and how it applies to insurers.

We're not going to use a comp claim as a reason to terminate a policyholder, even if it costs us $50,000 to settle. Neither will it result in a rate increase. There is only one loss discussed above that would result in a surcharge and that was the first one listed.
 
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Old Mar 30, 2007 | 08:54 AM
  #17  
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Originally Posted by Chili Red & Pepper White
There is only one loss discussed above that would result in a surcharge and that was the first one listed.
I don't even think they considered that one to be at-fault, because it was covered as a comprehensive claim. Is it possible to be at-fault in a comprehensive situation?

MDK,
The police did nothing. I have a copy of the filed report, but all it has is my info, the info I had on the other guy, and the rest of the lines filled "Unknown". It would be nice if they at least attempted to call him.

So far as the age goes, I'll be 27 in June and I've been with this agent for 5 years.
 
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Old Mar 30, 2007 | 09:19 AM
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Nope, comp claims are never considered to be at-fault. At-fault accidents are ones which your insurance company paid out one of these ways:

1. Bodily Injury Liability
2. Property Damage Liability
3. Collision Coverage (and then, only if it was a single-car accident)

If that first accident was covered under your Comp coverage, then you have 0 at-fault accidents.

Have you spoken to your agent yet ? If you get the same answer there, ask for the number to your Underwriting Dept and ask them if you'd be in jeopardy of being terminated if you file a claim for your keying incident.
 
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Old Mar 30, 2007 | 09:36 AM
  #19  
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A. Time for a new insurer. We have great service with AAA.

B. When someone can't produce insurance info, that's when you need to call a cop to take a report. If the other driver splits, they might be considered a hit and run.
 
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Old Mar 30, 2007 | 09:45 AM
  #20  
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It's not time for a new insurer. You've been with the company a long time and you may well be throwing away a sizeable, earned discount if you switch.

But if you understood your agent correctly and he's telling you not to file this claim for being keyed because it will cause you to be terminated, get a new AGENT.
 
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Old Mar 30, 2007 | 09:58 AM
  #21  
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Originally Posted by Gromit801
B. When someone can't produce insurance info, that's when you need to call a cop to take a report. If the other driver splits, they might be considered a hit and run.
Yep. Just another of the life's lessons that I end up learning the hard way.

I just got through a round of calls with my agent, and I've ended up filing the claim.

I actually got the owner of the agency on the phone, and we had a pretty detailed discussion. She told me that about 1.5 years ago State Farm switched to a new CRI (I'm guessing claims reporting something). Before that, comp claims had no impact on your standing, but under the new system, they did.

She called her underwriter in Bloomington, and reported back the worst that would probably happen is that I'd get a warning letter about the frequency of the claims. Let's hope she's right.

Thanks Red&White, I really owe you one. I had resigned myself to shelling out the cash. Here's hoping for a smooth 2nd year.
 
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Old Mar 30, 2007 | 10:01 AM
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You're welcome.

Knowing that Illinois has switched to "CRI", then yes, the comp claims can have a small impact on your premium. But when your Customer Rating Index is checked at renewal date, a hundred other things can impact your new premium, as well. In fact, you could see a decrease in your premium.

Glad you got that straightened out and can go forward with your claim.

Sorry you've had a run of bad luck on your MINI. In life, things tend to go in cycles. You're now due for a run of GOOD luck.
 
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Old Mar 30, 2007 | 10:16 AM
  #23  
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I'm glad you got this worked out as well. Sounds like you got some bad info from the agent at the start-perhaps a new agent is in order but that's up to you. Too bad the police slacked off on that rear-ender. Without a police report or witness that can testify that the other guy was there and caused the damage you'll have no luck in court. That ticks me off when the police don't respond because it's a busy area-it's there job to do that. So they leave it up to the parties to report it at the station but what if they don't show?? Luckily no one was hurt and I hope it never happens again but next time insist they come write a report. Anyway-it sounds like this will work out for the better which should improve your Mini-B Day!

CR & PW So you went from UW to Claims! What, angry calls from insureds not enough, you wanted to add angry claimants to the mix? (LOL)
That is a tough job that I did for 12 years, try not to let it get to you as it can cause problems. I handled mostly heavy BI claims (1-2 mil CSL, 400 case avg) for a commercial trucking carrier for the last 7 of those 12 years-I set up a Subro unit prior to that, it was not a fun job and I got out when the company started having problems. I can't say I miss it.
 
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Old Mar 30, 2007 | 10:27 AM
  #24  
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CR & PW, can you verify what I've *heard* about animal impact claims. I've heard that if you hit a deer it's considered a comp claim, but if you get into an accident while trying to AVOID the contact, such as running off the road, it's considered at-fault. Is this true?
 
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Old Mar 30, 2007 | 10:54 AM
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Originally Posted by Chili Red & Pepper White
.........

Sorry you've had a run of bad luck on your MINI. In life, things tend to go in cycles. You're now due for a run of GOOD luck.
Yep, enough with the Yin....time for some Yang!
 
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