car accident claim with ACCC Insurance Company has become very complicated. ACCC did not have enough funds to keep operating and entered into receivership in December of 2020. The special receiver will oversee the liquidation of the company.
Ever since ACCC went into receivership, claims under ACCC’s policies have become difficult to navigate. Here are some things you should know about the ways to handle a car accident claim under an ACCC insurance policy.
Claims for accidents that occurred before December 1, 2020 were covered by ACCC policies. But since ACCC does not exist anymore, claims will be handled by the Texas Property and Casualty Insurance Guaranty Association.
The Guaranty Association provides a safety net for Texas insurance customers when an insurer goes out of business. Since ACCC cannot pay claims while it sits in receivership, the Guarantee Association has taken over processing ACCC’s claims.
However, you will still report claims to ACCC or CPR Insurance Group, which the Guaranty Association brought in to pay ACCC’s claims.
Redpoint County Mutual Insurance Company assumed all of ACCC’s existing insurance policies in Texas that were in force on December 1, 2020. But Redpoint County Mutual will not handle ACCC’s claims. Instead, Embark General has been brought in to handle ACCC’s claims.
Presumably, this will only last until Redpoint County Mutual renews the policies and takes over the claims for those renewed policies. But in the meantime, claimants must file claims for accidents that occurred on or after December 1, 2020 with Embark General until Redpoint County Mutual informs them otherwise.
While ACCC remains in receivership, it cannot pay claims. The liquidation prevents ACCC from paying out any money, so it will not issue any new claim checks and will only honor past claim checks until January 29, 2021.
Although all ACCC policies in force in Texas were transferred to Redpoint County Mutual on December 1, 2020, some policies will be canceled on January 29, 2021. Some examples of canceled policies include policies that have late premiums and policies that Redpoint County Mutual chose not to assume.
Since ACCC went into receivership, Texas will treat its customers as uninsured for purposes of uninsured motorist coverage. This means that if an ACCC customer caused an accident before December 1, 2020, anyone injured must first look to their own insurance for payment of their claims before reporting a claim to ACCC or CPI Insurance Group.
If the injured person had health insurance, they must submit claims for their medical bills to their health provider first. The health provider, as the primary insurer in this case, will pay the medical bills. However, if you were in an accident and making an insurance claim, you will likely need to pay deductibles and copays.
You can include these out-of-pocket expenses in a claim to CPI Insurance Group, but they must first go through a claim to ACCC through the Guaranty Association. This complicates things, but since ACCC entered receivership, it does not have the money to pay claims.
As a result, the firm can pay to reimburse you for your copays and deductibles, but not for the bulk of your medical bills if you already have health insurance.
If your auto policy includes uninsured motorist coverage, you will need to submit a claim to your insurer first. Uninsured motorist coverage will cover medical bills and lost income.
If your losses exceed your uninsured motorist policy limits, you may need to report a claim to ACCC for payment by CPI Insurance Group. Your claim will cover the difference between your losses and the insurance payout you received under your uninsured motorist coverage.
For example, suppose your auto policy includes $10,000 in uninsured motorist coverage and you have $13,500 in medical bills and lost income. You would file your claim with your insurer first and receive a settlement for $10,000. You could then file a claim with ACCC and, hopefully, you would receive a settlement from CPI Insurance Group for $3,500.
For accidents that occurred on or after December 1, 2020, ACCC’s customers were not uninsured. On that date, Redpoint County Mutual assumed ACCC’s policies. Any claims after that date would be submitted to Redpoint County Mutual and paid by Embark General.
Redpoint County Mutual will act as the primary insurer for these claims. This means that if a former ACCC customer causes an accident on or after December 1, 2020, you can submit your claim to Redpoint County Mutual, who will probably refer the claim to Embark General. You can do this without first seeking coverage under your health plan or uninsured motorist coverage.
Regardless of whether you deal with ACCC, CPI Insurance Group, Redpoint County Mutual, or Embark General, the insurer will assign a claims adjuster to your case. The claims adjuster will review your claim and make an offer to settle it. As you work to settle your claim, keep a few points in mind:
The adjuster will look for ways to reduce or deny your claim. You should limit your contact with adjusters because they can use your words against you.
Even if you submit a claim to ACCC as a secondary insurer, you will need to document your claim thoroughly. Include police reports, photos of the accident scene, and medical records. Your lawyer can review your documents before filing them with your claim to ensure that they support your claim and do not include anything that might work against your interests.
The adjuster will make a low offer. The offer may not even cover your medical expenses. You and your lawyer will likely need to negotiate with the adjuster to receive a fair offer.
ACCC’s liquidation has created many unnecessary issues for claimants. Unfortunately, you may need to hire a lawyer just to sort out which company will handle your claim and where to send your documents.
For more information, contact the Houston car accident law firm of Attorney Brian White Personal Injury Lawyers by calling (713) 224-4878.
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