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  #1  
Old 07-01-2009, 04:21 PM
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Join Date: Jul 2009
Posts: 1

Auto claim disupute for flooded vehicle


What is the name of your state (only U.S. law)? TX

on 4/27/09 my car was flooded and sat for 2 1/2 weeks with water/moisture in it and b/c the tranny and engine are ok, my insurance company says it's not a total loss (2009 camry). the car is 100% NOT FIT to drive due to extreme health hazards and rust. they paid for some of damages or what they 'think' was enough. but there is physical evidence of mold and rust inside the car, as well as the moldy mildew smell. they refuse to believe any of it and will not do anything else with my car, though i have several witnesses who have smelled and saw the evidence. (and yes, I've had 2 separate adjusters go look at my car again, both from my insurance company, and they both say they dont smell or see anything). what is my next course in action and who or where do i start? ive contacted several public adjusters and none of them deal with automobiles. ive read through my insurance policy and there's nothing in there dealing with any sort of arbitration. Let me also add i have filed a complaint with the texas department of insurance and they are looking into it, but time is of the essence for me. I am relocating over seas for a job and only have about a month to get this straightened out.
  #2  
Old 07-01-2009, 10:55 PM
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Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,309
You have no options that will get you what you want QUICKLY. Your main recourse is a bad faith lawsuit. This is not fast or easy and you will need a lawyer for it, which will not be cheap. Since this is a property damage claim, you won't find one to take your case on contingency - you will have to pay him, even if you lose. You can ask for legal fees to be paid by your insurance company if you win, but there's no guarantee. You need to consult a lawyer experienced with that type of suit though. At least you can get the process started before you leave, and have your advocate to continue things while you are away. The resolution will be YEARS away though. There is no possible way it will be settled in a month unless your insurance company suddenly decides to change its mind and give you what you want.
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  #3  
Old 07-02-2009, 06:32 PM
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Join Date: Mar 2005
Posts: 184
How much water got to it?
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