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Elaine Said:

How to Improve a Car Insurance Company's Offer?

We Answered:

If you haven't accepted (cashed the check) and you can demonstrate to their satisfaction that the value of your car is $11,000, you should be able to at least get the full $10,000. It's better than $8400 and easier than suing. If she was only carrying low, mimimum $10,000 liability limit and you did sue her and win, would she even be able to pay the judgement? Doesn't sound like she has deep pockets.

If you accepted the check, and signed a settlement agreement w/ the insurance carrier, you really can't do anything except sue her personally.

Vanessa Said:

In which US states can a car insurance company be sued for PUNITIVE damages if they refuse to pay on a claim?

We Answered:

CHECK WITH THE BOARD OF INSURANCE WHICH IS ON LINE AND THIS WAY YOU WILL BE ABLE TO SEE FIRST HAND ALL INSURANCE COMPANIES INCLUDING THEIR RATINGS AS WELL AS HOW THEY PAY AND TREAT CONSUMERS AND MAYBE BE ABLE TO ASSIST YOU.

Jesus Said:

how long does a car insurance company have before it must payout a claim?

We Answered:

I'm not sure where George gets his information, but he's completely incorrect.....

Each state's DOI (Department of Insurance) regulates WHAT, WHEN, WHY, and HOW an insurance company does something. The DOI requires the insurance companies do an INDEPENDENT investigation of the accident....they are not allowed to rely on, as George says, police reports, for many reasons, but one factor could be because they are seldom accurate and to be quite honest, the officer isn't "investigating" the loss--he's writing statements & typing a report. A cop doesn't determine negligence, but what he can tell you is who violated what vehicle code. Depending on the cop, he may or may not provide additional info, such as skid marks, speed, etc......

As part of the investigation process, as well as contractual responsibilities with their insured, the insurance company has to speak with BOTH the driver and named insured (who can sometimes be 2 different people.) The have to 1) make the named insured aware of the claim and 2) verify the facts of loss with the driver. But this is just a small step, albeit a HUGE one, in getting closer to settling the claim.

The insurance company can't MAKE the guy cooperate, even though there is a cooperation clause in his policy. The other insurance can't pay the claim until he speaks with the driver/insured. All the insurance company can do is continue to make reasonable attempts to speak with the driver, and worse case scenario, they can deny coverage for lack of cooperation. But you don't know why the guy's not calling them anymore than they do...as far as they know, the guy's dead, in jail, or in a hospital somewhere.

As for how long do they have, you have to check with your DOI. Most states say upon receipt of proof of claim, i.e. estimate of damages, they have 10 days to pay or deny the claim. If the investigation is not complete, they must notify you in writing every 30 days of the status. This is just an example, so check with your DOI for exact procedures and timelines. They legally pay for your car when they have meet the requirements of BOTH the DOI and their policy with their insured.

As for you....you have a duty to mitigate your damages. What does this mean? You have to make reasonable attempts to prevent any additional damages/cost from incurring. If you don't have collision coverage, then you'll have to wait on your repairs I suppose, but that's not the other guys fault, that's your for not being properly covered. Your insurance will subrogate the at fault party if you do have collision.

Marshall Said:

Time limit for car insurance company to process accident claim?

We Answered:

his insurance company is correct. they have a set amount of time that they *have* to wait until they process your claim further. as far as speeding it up, you really can't.

however, if you have collision coverage and the amount of damage exceeds your deductible, you can submit a claim into your own insurance company for the loss, and you will be paid for the damage, less your deductible, within a matter of days...

your company will then attempt to collect from his insurance company whatever they paid out to you, as well as your deductible...whatever percentage they receive of the loss from his company is the same percentage you'll receive of your deductible..however, this process may take a month or longer.