problem with insurance CO

[terja]

What is the name of your state? Texas

Ok heres the info, I was driving down 360 2 months ago, it was starting to sleet, all traffic comes to a halt, im in the inside lane, I stop, as did the person infront of me, and the person infront of him (everyone slowly stoped due to traffic backing up, etc) I look up in my rear view mirror, a garbage truck, isnt stoping, and ends up slamming into the back of my firebird, causing me to slam into the person infront of me, the garbage truck attempted to swerve into the emergency lane, and failed, and took out the back of my car. Cops came out, gave him a ticket for following to closely, etc. Its obvious its the drivers fault, he even admited it on the scene. We contacted his insurance CO, and they were based in canada, but they handed it over to a local adjuster. He came out, looked at the car, and totaled it, np, blue book value is 6,000, not bad, I paid about the same, but that does not include the yokohama tires, and the cd player system that was destroyed in the trunk, (both of which total upwards of 500 dollars, 100$ for each tire, and 200$ for the cd system) which they said they dont plan on paying for cause they're aftermarket (what the hell ?) but said we could put it in the BI claim. I was not severely injured, just a sore neck for several weeks.

now heres the problems/questions:

This was 2 months ago, they have already said they were going to pay for the car, etc and we'd settle a BI claim... its been 2 months, and everytime we talk to the adjuster, he basicaly gives us a new excuse, also, they have not contacted us ONCE, everytime we needed info, we had to contact them.

We had to fight with them to pay for a rental, they basicaly said once they total the car, they dont pay for the rental anymore, but they have not given us a check to go out and buy a new car yet, how can they say they dont need to pay for a rental ??

How do i handle getting reimbursed for the aftermarket items that were on the car ?

I called today, and he had no information yet, just that he's still waiting for authorization, we called their main office, they said we had to work through the adjuster. We're basicaly at a standstill, and its starting to affect my ability to work. So we told him we're going to look for a lawyer, because this is simply taking way to long.

Can a lawyer help ?
Is it normal for the insurance companys to do this ? this is my first auto accident, so Im in unfamiliar territory. Any help would be appreciated. Thanks

 

[nanaII]

Rights..

By rights, they have to pay for a rental car until they have paid your claim. Have you contacted your insurance company?

 

[terja]

yeah we (me and my father, my father is handling most of this due to my inability to talk on the phone, due to hearing issues) contacted our insurance, the day it happend, and we used OUR policy rental coverage, which is already used up (30 day max, understandable) we rented another car and basicaly told the ins of the guy that hit us, that they were obligated to pay, they understood, and said to send the bill to the adjuster, whom has yet to approve it. his excuse for everything is "waiting for authorization" and we KNOW he has it, we've talked to the corporate office in canada, that says they've given it to him, so he's basically dicking us around. and now i have to take back the rental tomorrow, or i have to pay for it and i just recently got laid off, during this accident fiasco, cause i was in the hospital for week with pnemonia (cant spell it)
and reguarding to that, on the day of the accident, i had to stand out in the cold sleeting wet weather, and i have weak lungs and ashma, so i believe thoes conditions contributed to me ending up in the hospital, so im wondering if i have a case on that against them for lost wages, because the hospitalization is what got me laid off, and the wreck is what ended me up in the hospital a week afterwards with inability to breathe. so im at a lost of what to do *sigh*

 

[nanaII]

Your insurance company...

You need to get ahold of your insurance company about this. They should be the one fighting with them over your claim. Also, I still think you can fight over the rental. If they have not paid you for your claim, they have got to pay for the rental until the claim is settled. As far as your medical claims, you need to ask your insurance company about those, also.

 

[terja]

My insurance wont step in because i do not carry collision insurance on my car, thus it boils down to the insurance of the person that hit me

 

[nanaII]

Settlement

I would tell them that if they keep stalling, you are going to get ahold of your State's Insurance Commissioner to file a complaint, and that is exactly what they are doing... stalling..

 

[terja]

how would i find out who the states insurance commisioner is ? and is there really such a person ? lol, we're going to call the adjuster tomorrow to tell him that.

 

[snm3]

how would i find out who the states insurance commisioner is ? and is there really such a person ? lol, we're going to call the adjuster tomorrow to tell him that.

There is such a person. I called for the same reason and it really made a difference. The insurance co. began to call back immediately and became very prompt.
To find them, I suggest doing a internet search with your state name and the words 'insurance commissioner'.