Insurance company failed to contact me, they claim insufficient contact info | Statute of limitations expired
I was a passenger in a vehicle when the driver crashed while rounding a corner speeding recklessly.
The car rolled over and my right arm was injured by the breaking passenger window and scraped on the pavement severely. The vehicle was loaned to a woman who was not a licensed driver.
The owner of the vehicle was insured but claimed that his insurance would not cover my injuries or vehicle replacement costs because the driver was not licensed. I incurred bills for emergency services as well as hospital bills. I really did not have any reason to disbelieve him.
I was not familiar with the insurance laws.
The owner also happens to be an attorney in ca. I just sort of believed him. The insurance company did indeed pay for the vehicle replacement; I was later to find out.
I was appalled and contacted the insurance co to inquire. They said the claim had been closed and they did not contact me because the contact info was insufficient. I asked them to reopen the claim, and they said they would.
I did not hear back, and after phone tag for 8 months they said the limitation time had expired to make any settlement. I know the insurance co had the police report with all of the info including dr license info name address etc.
They lied and stalled any investigation into the matter from the start, I feel cheated and have a gruesome scar and unpaid bills I want to know if I can have this co disciplined and can I demand to have copies of the claim and disposition of the settlement, after all my name is on them as a passenger.
Answer to Insurance company failed to contact me, they claim insufficient contact info:
You do have rights. You made a claim and they had to advise you that the statute of limitation was coming up as you are not a represented individual. You need to talk to a lawyer as soon as possible.
You have rights and there are ways around the statute of limitation if there is an issue like this. The insurance company cannot stall to not pay you for your damages in this fashion. It is critical that you talk to an attorney as soon as possible!
Note: because you are a passenger, you may also be considered an insured under the policy of the vehicle you were in. It is important to see if bad faith is also a cause of action you can seek. Again, talk to a local attorney.
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