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Auto Insurance Claims/Insurance company dragging its feet

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Expert: - 11/12/2010


Question
My wife's mother was driving my wife’s car on the way to pick us up from the airport and was involved in an accident.  The driver was drunk and hit a police car, and the police car struck my wife's car from behind.  It's been 4 months now and the insurance company of the drunk driver is holding up payment to fix my wife's car because they can't get a statement from the drunk driver and the police officer.  There was a police report filed.  Shouldn’t this be enough of a statement from all parties involved?  

Is there a limit on the amount of time an auto insurance claim can last?  If not, can we file a complaint against the drunk driver's insurance company for the amount of time it is taking to close the claim?  What can we do legally to speed up the process?  What can we expect from our insurance company to settle this matter?  Four months seems like an excessive amount of time to settle such an obvious claim.


Answer
Hello,

You weren't real specific if you are dealing with no fault, but. That is OK.  They canvdelay forever especially a municipality.

Filing a complaint against the drunk driver's insurance company will get you nowhere just like complaing to the city, because many municipalities are self insured.

About your only ption to get the claim expedited is to turn the claim into your insurance company. You will be responsible for the deductible, which you should get back after your company subrogates. The sad thing is that if you would have done this months ago your car would have been repaired and you would have had your deductible back, but you did not know.

See, you have a contract with your insurance company and they are supposed to assist you. If you let these jerks (cop & drunk) with their insurance companies screw you around, they will.

Good luck!

Http://www.autotheftexpert.com

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Rob Painter, Ase, CFEI, CAFATE

Expertise

Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.

Experience

Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.

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