Ask an Attorney a Question for FREE!

Insurance company dragging their feet

by John

I file a auto theft claim on 12-30-08, the vehicle that was stolen was a high end vehicle (no lien). The insurance company completed their investigation (interviewed my wife and i both over the phone and sent an investigator out to my home).

About a week ago I contacted the adjuster and he informed me that the claim was forwarded to the total off department (vehicle has not been recovered as of today)for payment of the claim and that adjuster would be contacting me shortly.

I spoke with the total off adjuster and she informed me of the next step, which was get the market value of the car and if the dollar amount was not over a certain amount she could fax me a form that would give them ownership of the vehicle and that i would need to mail the title.

However, if the amount was greater she would need signatures from her supervisor, needless to say it was higher!

Days have passed and i have not heard anything from the insurance company and finally i get a call on yesterday from a different adjuster and he is informing me that the supervisor wants me to clear up some questions and would like for me to answer some questions from their attorney under oath before he pays out on this claim.

I have been responsible for paying my rental car coverage because it ended on 1-30-09, (I owe $800.00) they refused to extend it because of their policy (I was told that they don't pay for rental coverage if an investigation push them over the 30 days i have on my policy).

I am very very very frustrated and need to know what options i have. Do i need to consult an attorney, file a complaint or what? Date of loss was 12-30-08 and it is still open today.


Answer:

Hello John,

You need an attorney. The insurance company wants your statement under oath (which you have to do because it is most likely a requirement of your policy). If this is the case, the insurance company is probably thinking that there is something out of the ordinary and trying to document a way to perhaps deny your claim.

The insurance company is not being 100% truthful with you. There is something wrong here. I don't mean to scare you or to worry you more, but usually, when a total loss is presented, adjusters know more or less what their authority is.

If the total loss is above their authority, the claims does not have to get transfered. You simply need the signature of a manager which should not take less than one hour.

The fact that they are coming back tells me that they are documenting something. In Tennessee, your insurance company has 30 days to make a determination, if they don't then they have to explain to you (in writing) why your claim has not been paid and the status of the investigation.

Regarding the rental, your rental coverage is a contractual obligation. Basically, you are bound to whatever coverage you have in the policy. If it is only 30 days, then you are pretty much left with no remedy.

What can you do. You need to talk to a lawyer, and you need to report your insurance company with the office of the department of insurance.

Here is their link http://www.tennessee.gov/commerce/

Good Luck,

http://www.auto-insurance-claim-advice.com

Click here to post comments

Join in and write your own page! It's easy to do. How? Simply click here to return to Got Questions?.


Please see more answers to recent personal injury and auto accident questions below:




For a Free Review of Your Case
Please Call (866) 878-2432