Any tips for getting the money I deserve from an auto insurance company?

Question:

I was in an accident, where the other driver was clearly at fault. He was driving his girlfriends vehicle, and the cars insurance also belonged to her. He was very elusive from the start. He gave me limited information to work with, and lied and told me he was insured. I figured out the name of the girlfriends company American Independent 3 days later. They sent a guy out who said that the car is totalled. But American Independent says they cant pay me until they speak with the poicy holder to see if she gave him permission to drive her car, and contact him to get his side of the story. They have been avoiding all calls. Any help?

Answer:
Write a letter to the insurance commissioner for your state make sure you get (fax or email a copy) copy to the insurance company post haste. Mention they have 10 days (required by law) or you will sue. Even a little drag on your part will cause even more delays. Plan B if the value is less than your state will allow in small claims court then sue the car owner in that court. It only costs a few bucks and the court will take your side in cases like yours. Any time a vehicle is totalled by the insurance company Court decisions lean in your favor. You need to sue for Value of vehicle plus any and all costs you incur trying to collect even lawyer fees.

Write them a certified letter detailing the facts (including whom you spoke with and when) and what action you wish from them. If that fails, contact your state's insurance commissioner's office for assistance. Good luck.

Unfortunately, they are right - they cannot just pay out without speaking to their policyholder. Do you realize how many people could commit fraud if they did. There are time limitations, however on this. I believe every state has an insurance commissioner or at least an insurance department that you can question and submit a complaint to. Try that.

You actually don't deserve any money from the insurance company - however if the other party did cause an accident which in turn caused damage to your vehicle - then you are entitled to compensation. Unfortunately - the other carrier has the legal right to complete their investigation and therefore must confirm the information with their policyholder before they can make any payments to you. The do have a time period to complete their investigation. Your best recourse - is to go ahead and pursue the claim through your own carrier (assuming you have collision coverage) - and they will pursue the adverse carrier in subrogation. If you are seeking further compensation - say for instance - bodily injury (if you were injured), then you should advise the adverse carrier immediately as well so they can proceed accordingly.

You have, of course, reported this to your insurance carrier. Contact them and ask for their help in collecting what you have coming, but you have to realize they do need some time to complete their investigation before they can settle. You agent is best to keep you up to speed and protected.

Any tips for getting the money I deserve from an auto insurance company?

Hot Topic