Expert: Anne - 4/26/2010

Question
On April 6, 2010 my travel trailer was hit while parked on the street at my daughters house by an 19 year old driver.  He is insured. However, the car he was driving is registered to another individual. The individual that hit my trailer was supposedly test driving the car for purchase. The insurance company seems to be stalling with a settlement. They have received estimates on repair(7K)as well as total value(2.9K-3.5K). The insurance company has given the claim over to a second adjuster. They sent s check for 150.00 for the towing, however the way the check is worded ("in payment of loss")I am afraid if I cash it that will end the claim.  All I want is the 2.9K (bottom estimate on the trailer). Should I get a lawyer and or call the state insurance commissioner? How long should I wait before a decision is made?

Answer
Hello Jeff,

Well, cashing that check should not release your claim. This is a payment of a loss (the towing bill) it's not a "final" payment or a payment on total settlement. Talking to an attorney is always advised.

This decisions could take up to 30 days. This is because there is probably some kind of coverage investigation regarding the who covers the loss (The owner of the car or the person who was driving it). There are few things insurance adjuster must ensure before committing to cover the loss.

If the are sending payments for you, it's probably because that insurance company does believe it will be coverage.

At any rate, 30 days is the norm. They don't have to make a decision by then, but they must put it on writing why the delay. You can contact the insurance commissioner and see if they can help you speed up the process.

I hope this helps, Also, check this website for more about insurance claims. http://www.auto-insurance-claim-advice.com/

Good Luck
Anne
http://www.quirogalawoffice.com/