Over a month ago, I got into an accident. Windhaven seemed my car a total loss saying there’s extensive damage but when an expert took a look at it, he said they were over pricing and the car is in fact not a total loss. My car is also a brand new car. Nevertheless, the car is still at the dealership. Windhaven told me that I need to release the car just so they can store it at their facility after I told them that I would like to get it fixed somewhere else. Now, they are saying that they changed their policy stating that they can’t store my car there and won’t pick up the phone. Now I’ve accumulated storage fees and fees from the take down service of the car. However, the dealership said that I no longer have ownership of my car and they can’t release it to me to fix it somewhere else even if I pay it off because of the insurance. The insurance is saying one thing and I’m hearing something else. I have this in wringing in my emails. I also have the people being condescending me and pestering me to release the car to them no matter what just to store it even up to a few days ago when they claimed they changed their policy two weeks ago. I also pay for full coverage.
Sure you can sue anyone - the issue whether its practical to do so. Unfortunately property damage ONLY claims are not generally financially viable if they are the other sides insurer and only marginally so if they are yours as there are lots of "hoops" related to such issues to jump through. Bottom line is you will likely need to retain an insurance lawyer to intervene though it may be at some expense. Otherwise if you have an injury lawyer handling that part of the case -they might be able to intervene for you at least to get responses. New car cases can be an hornets nest of totaled damages vs diminished value issues.
DISCLAIMER STATEMENT FOR ANYONE READING THIS BLOG OR QUESTION POSTERS ON AVVO: The response to questions posted on facebook which are responses to questions submitted by anonymous persons on AVVO are in no way intended to establish any form of attorney-client relationship with either the anonymous AVVO question posters no or any social media medium nor should they rely on this information in any pending nor potential legal matter. The responses given are deemed as responses to general questions and fact scenarios posed as an educational exercise only, should in no way be deemed legal advice provided to any persons regardless of when in which the author is licensed to practice law nor to be viewed as a solicitation of clients. Further any comments posted should not be deemed as psychological counseling, or psychological advice for which this author is in no way qualified to provide nor should any reader rely on any such information without first seeking advice from a qualified professional, licensed in the state of the reader’s residence from a licensed qualified psychiatrist, psychologist, mental health employee, licensed clinical social worker, marriage counselor or other persons licensed by their respective state to provide mental health advice. To the best of the author’s knowledge the questions may well be generated for illustrative purposes only and not necessarily posted from real persons seeking legal advice. This response is not intended to be legal advice and is offered as general educational information only and should not be relied upon by any individual as legal advice. For legal advice you should employ the services of a qualified experienced lawyer depending on the nature of your question in the jurisdiction where your matter is or will be pending. The hiring of an attorney is a serious matter and you should not merely rely upon advertisement nor casual inquiry for such.
Windhaven is in receivership at this point. That is likely why your attempts to contact them areunsuccessful, even though prime to they are horrible to deal with. Unfortunately, you get what you pay for when it comes to car insurance and windhaven being a discount insurance company for a reason.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Snyder is licensed to practice law in Florida. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.
I agree with Mr. Snyder. Windhaven is in receivership - you may not sue Windhaven. However, you might be able to submit a claim with Florida's Department of Insurance.
This answer is provided for informational purposes only. Any information provided does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline