Expert: Ron Cercone - 7/11/2009

Question
"Policy Effective: 11/30/2008
Policy Canceled (Insured Request): 2/11/2009
Date of Loss: 1/19/2009 (all coverage was active at this time)
Claim filed: 01/19/2009.

I was insured by the dealer when I bought my car from them.

I rented a car from AVIS 2/1/2009 since my car was taken for an oil change at the dealership. The rental was through the car dealer. I did not sign the CDW coverage with AVIS assuming that my insurance company will cover.

It suddenly snowed that day. I got into an accident when my car slid on small bridge and hit the guard rails.

I filed a claim with Country Wide Insurance NY. My insurer.

I was asked to send in all paperwork 4/15/2009. I sent them all the paperwork they asked EOD 4/15/2009. Yes, it took them this long to respond.

Even after multiple follow-ups with the adjuster/examiner by AVIS adjuster and me, the company has not taken any steps until today 7/11/2009. I have now received suit papers from AVIS attorney to pay the claim and other related late fees, attorney fees and interest etc.

The car was deemed a total loss and $10,500 was charged as the claim amount.

We faxed the suit papers and called the ADJUSTER & LITIGATION DEPARTMENT at Countrywide but they are so irresponsible about their response back to us. They keep telling that they're looking at the claim still. They will handle the suit etc but no definitive answer.

My date served is 6/30/2009 which leaves me until 8/4/2009 to act (35 days).

1. What should I do in such case where insurance company has not taken action on a claim for 7 months now.
2. Will they handle the suit.
3. What if they don't pay. What are my options then.
4. What precautions should I take?
5. They have not sent a letter of denial. Can I approach department of Insurance. This is NY state.
"


Answer
If you don't file an answer to the lawsuit you were served with in that 35 day time period, you still lose by default. You need to get an attorney to file an answer for you, unless you choose to represent yourself. Aside from the merits of your position, if your answer is not written technically perfect (for example if your lines are single spaced instead of double spaced or if you typed in the wrong color ink) your answer could be rejected by the court. Its called rules of "civil procedure" and its how attorneys unjustly beat non attorneys in litigation

As to your insurance company, if they failed to defend you or pay the underlying claim for the damage to the AVIS car, then you could sue them for "breach of contract". You need to get your insurer's positions stated in writing.