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How to get compensated from the other parties insurance?

by Veronica
(Jamaica, New York)

I have a claim with the other parties insurance company. His girlfriend used his vehicle and hit me damaging my car. It has been about a month and still after the claim adjuster came and took a statement from me, the insurance company has yet to compensate me for my damages or a rental.

I am force to use my damaged unsafe vehicle. The insurance company states that they need a statement from the insurance card holder stating that he gave permission for her to use the car in order for the insurance company to hand me payment for my vehicle.

What can I do to speed up this process or get a rental? Should I go to small claims?


Hello Veronica,

Unfortunately, there is not much you can do. The insurance company has a "reasonable time" to conduct an investigation, which may take up to 30 days. After 30 days, the simply have to put it on writing (the reason for the delay).

This is highly unfair but it is how insurance companies make you wait. Going to small claims court may or may not speed up anything as the insurance company may still not give you coverage if they are not sure the vehicle was taken with permission or not.

However, usually insurance companies do move faster to defuse a bad situation and try to settle with you quicker.

See our section on small claims court here:

Good Luck,
Auto Insurance Claim Advice

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