Dear Sumatyme21:
Nice tag line; after reading your email, I see why. Sounds like State Farm owes you a check yesterday, but they're going to make you jump through a few hoops to get it. First, I don't know what the statute of limitations (ie, the time in which you have to file suit) is in Missouri. However, you should have at least one year from the date of the accident. This date is important because once that date passes, no insurance company in the world is going to cut you a check and then you'll have lost your right to sue. So if you don't have a check in full soon, you may have to file suit just to preserve the statute of limitations. Second, some states allow a third party (here, you) to sue insurance companies directly; in most states, you have to sue the driver. I don't know if Missouri is a "direct suit state". However, once you sue the driver, the insurance company's duty to defend their insured will kick in and the insurance company will then HAVE to get involved or risk a suit by their own insured (ie, the other driver). Third, in some states, a third party (here, you) can sue an insurance company for bad faith; I don't know if Missouri is one of those states. If Missouri allows third party bad faith suits, sounds like you've got a good one. This is important because in bad faith suits, the plaintiff (here, you) can get a punitive damages award (ie, money the insurance company has to pay you for being such bad guys). Fourth, you don't mention if you've suffered any bodily injury. If so, this is a whole separate issue you should be compensated for. Fifth, if there is no bodily injury and the amount of money you're owed is car damage plus rental car, you may fall within the jurisdictional requirements of your local small claims court, which means you can sue the driver yourself without an attorney. If this is of interest to you, contact your local small claims court and ask them if your money amount falls within their jurisdiction. However, if you have bodily injury, don't sue in small claims court. And if you have bodily injury, you can probably get a local personal injury attorney to take this case on a contingency fee basis (ie, attorney fees are paid from the settlement check, not your pocketbook). I have probably raised more questions than I've answered since I don't know Missouri law. However, if a Missouri attorney doesn't post an answer on this bulletin board, consider paying a local attorney for a half hour consultation; then you'll know whether you have to sue the driver only or if you can sue the insurance company too, plus you'll find out if you can file a bad faith action against the insurance company. But act soon; don't let that statute of limitations pass! Good luck to you.
cdcard
