Expert: Bennie719 - 11/5/2007

Question
Hi, I have a question.  This past summer (late August), a girl rear-ended me on the highway during morning rush hour  which caused me to hit the car in front of me and the car in front of him (4 cars total).  She was the only one who got a ticket but her insurance company is different from mines and my truck only had liability at the time.  

I've talked with the claims agent from her company (who uses independent agents) but he hasn't contacted me back or returned my calls since the first week after the accident.  The last time I reached him was when I had a representative from my company call him (2 months ago) to which he replied that he was going to "interview" a witness.  I don't know what I should do since my car isn't covered by my insurance company since I didn't have comprehensive and the agent from her company isn't cooperating with me.

Answer
***************** FOLLOW UP *************************
Hi T.W.,
Every state has a 'fair practice insurance law' that requires the insurance company to settle your claim or at least make a fair offer within a set time period, otherwise they fall into "bad faith" which would allow you to sue them for putative damages.  Do not accept any more stalling.  If they don't immediately offer you a fair settlement, then call the Department of Insurance and file
a complaint or file small claims court action.
Bennie
11-05-07 12:15 AM PST


Hi T.W.,
Most states have an Insurance Law that requires her insurance company to either settle with you within 30 days or make you a fair offer of settlement within 30 days.
Contact her insurance company and talk to someone as high up in the company as possible.  Explain that it's been over 70 days since the accident and their independent adjustor is avoiding you.  Tell them that if you don't hear from the adjustor within 3 days, you are going to file a complaint with the department of insurance.  No company wants the
Insurance Commissioner to get on their back for not making payment within a reasonable time frame.  If you don't hear from the adjustor within 3 days, turn on your computer and type 'yourstatename department of insurance' in your web browser and hit go.
This will bring up several sites dealing with insurance in your state.  Find the on that states 'official site' for the department of insurance.  Browse through that site and you will learn how to file an e-mail or telephone complaint.
A telephone complaint will get faster response than an e-mail.
Your second option is to secure two very complete estimates of your damage and then file small claims court action against her.  When you win in small claims court, her insurance company will be ordered to pay you for the lowest estimate and any and all court costs.
I trust that my answer is of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area 11-04-07 7:40 PM PST