Expert: Ron Cercone - 5/25/2009

Question
I have been waiting way too long for a settlement, about 10 months to be exact and still waiting for the check to come in the mail. So, in September of 2008, my car was hit and totaled while it was parked beside a curb. A police report was filed. Two other cars were involved with one being the car at fault. I have liability and so does the other car. The claims adjuster said that we have to split the money. Well, that's fine but how long am I supposed to wait for the check to come? An appraiser also came to check the car but that was 6 months ago and the car is just there on the driveway. I am so frustrated. I gave up on calling the adjuster because all he would ever say is that the insurance agent of the other not at fault driver has not given the subrogation demand... and it has been 10 months. And even when I call the insurance agent she would say that there was something she needs from the adjuster. I honestly don't buy what they say...I don't know who is lying and who is telling the truth. I don't know what to do...should I wait longer? Should I pretend to sue the at fault driver so that he may haggle the adjuster into giving my money? Will I ever see any money? Please help me. Thanks.

Answer
Hello Charles,

Either there is something you are not telling me, or your insurance company is really working you over. Why would you have to "split the money"?

It's long past time to play hard ball. If you have not started to build a written file, its time to start. You may need to sue both the other driver and your own insurer. But there is allot you can do before filing a law suit. I suggest you consider a couple of eBooks at Uclaim.com http://www.uclaim.com Start with "TOTAL LOSS AUTOMOBILE INSURANCE CLAIM ADVICE AND HELP - FOR INSUREDS" and possibly follow it with "DENIED AUTO AND MARINE INSURANCE CLAIM ADVICE AND HELP".

Once an insurer has agreed that it owes a certain amount of money, most states require that the payment be issued within 15 to 30 days.