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"bad faith"

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LauraK

Guest
I was in an auto accident last year. The other party was at fault, and lied about having insurance. My insurance company says they were unable to find the other party, does not want to spend any more money (they have only spent $629.77 on my car repair and rental, and since the other party was going thru a divorce, probably does not have the funds anyway. (Her cost, including my $500.00) deductible would be about $1200.00)
They have close file and will not return my deductible. They took almost a month to try to contact the company she said she was insured with, will not tell me specifically how they tried to contact her other that a phone call (# disconnected) and 1 letter....no reply. I contacted the DMV in Illinois to report her as uninsured, I supplied them with her ex-husband's address, and I feel this is truly a case of "bad faith".
They told me I have the right to take her to court and pursue it on my own. How can I, if she is no where to be found? Chances are she also lied about the divorce as well.
What can I do to get my deductible back?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by LauraK:
I was in an auto accident last year. The other party was at fault, and lied about having insurance. My insurance company says they were unable to find the other party, does not want to spend any more money (they have only spent $629.77 on my car repair and rental, and since the other party was going thru a divorce, probably does not have the funds anyway. (Her cost, including my $500.00) deductible would be about $1200.00)
They have close file and will not return my deductible. They took almost a month to try to contact the company she said she was insured with, will not tell me specifically how they tried to contact her other that a phone call (# disconnected) and 1 letter....no reply. I contacted the DMV in Illinois to report her as uninsured, I supplied them with her ex-husband's address, and I feel this is truly a case of "bad faith".
They told me I have the right to take her to court and pursue it on my own. How can I, if she is no where to be found? Chances are she also lied about the divorce as well.
What can I do to get my deductible back?
<HR></BLOCKQUOTE>


My response:

You didn't tell us your State name; but, some States, like California, have mandatory Uninsured/Underinsured Motorist Coverages on all policies. Along with that comes Uninsured/Underinsured "Deductible Waiver" - that is, if the other party is found to have no insurance, your own insurance company becomes responsible to pay for, or in your case, reimburse you for your deductible.

Ask your insurance agent if you have such coverage available to you on your policy. Also, confirm with your insurance adjuster whether or not they are deeming the other party to be uninsured.

And finally, yes there is a way to sue another person even if you don't know where they are. So, see a Personal Injury Attorney and he/she can run with your case to a happier conclusion.

Good luck.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
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LauraK

Guest
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:

My response:

You didn't tell us your State name; but, some States, like California, have mandatory Uninsured/Underinsured Motorist Coverages on all policies. Along with that comes Uninsured/Underinsured "Deductible Waiver" - that is, if the other party is found to have no insurance, your own insurance company becomes responsible to pay for, or in your case, reimburse you for your deductible.

Ask your insurance agent if you have such coverage available to you on your policy. Also, confirm with your insurance adjuster whether or not they are deeming the other party to be uninsured.

And finally, yes there is a way to sue another person even if you don't know where they are. So, see a Personal Injury Attorney and he/she can run with your case to a happier conclusion.

Good luck.

IAAL


<HR></BLOCKQUOTE>
I live in Illinois, and asked my insurance company (CNA, with whom I was employed by at the time)about the uninsured motorist coverage at the time of the accident. They said the coverage only did not cover the deducitble, and the deductable woule be returned to me when they got the first $500 back from the adverse party. Now that they cannot find her, and in my opinion have not tried very hard, since not a lot of money is involved....they have closed the file. As they put it "and will remain closed unless
significant new information were to surface."
Again,...how will significant new information surface? And why are they dismissing it by saying "the other party was in the middle of a divorce and probably does not have the funds?" They should be defending ME not HER!
I would have to pay a lawyer a lot more than $500 just to recover the $500! Isn't there another avenue I can take?
 

I AM ALWAYS LIABLE

Senior Member
My response:

Sure there is. Have a private investigator run a locate/search for the woman. Once located, you can sue her in Small Claims court.

Besides, you can always obtain a FREE consultation with a Personal Injury attorney with regard to the accident, and the potential for your Insurance Bad Faith claim. Let a pro make some legal determinations for you.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited October 20, 2000).]
 
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LauraK

Guest
IAAL
Hiring a private investagor would cost more than the $500 deductible that I'm trying to recover. Shouldn't my insurance company be the one to put out the effort to collect?
If I file a claim of bad faith against CNA, will I get more than the $500 deductible?
 

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