neglected

[CHUCK120]

I was involved in a traffic accident in July
1999. The other party involved failed to failed to yield the right of way at a stop sign.Police report clearly states that the other party is at fault. I filed a claim with my insurance company. There were extensive damage to my vehicle in which was repaired. The problem is with the deductible in which I paid because the insurance co. was taking too long to react. A few days later more damages were found,the insurance were notified by the body shop,they approved the extra charges but didnot pay the body shop. So I ended up paying for that along with the deductible assuming I would be reimbursed. It has been almost a year since the accident and I haven't received a penny. Statue of limitations is a year for filing a law suit of which I think they are waiting for. I will go to a small claims court in a few days to file suit. After all I could've done like most people and claim personal injury as well. You would think they would be more grateful. By the way the insurance company name is(if I'm allowed)Progressive. I called them many,many times only to get the run around, now they are telling me the case has been sent to subluxation whatever that is. I would like to know if I am taking the right course of action. I'll wait for your reply.THANKS...

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Sounds like insurance bad faith. You are probably not only entitled to the actual amount you paid out (deductable and repair) but also the interest (most likely 10%) off that money (because that is money you could have invested instead of having to pay out when the insurance was supposed to take care of this.

Okay, next time, don't say the name of the company. But, you want to resolve this: may I suggest look at your insurance policy..if there is a clause in there that says that should you decide to sue them, whoever wins pays attorney's fees. If that is the case, hire a personal injury/insurance fraud/bad faith attorney.

Or Better yet, contact the BETTER BUSINESS BUREAU in your county and see what can be done. Also, may I suggest contacting the Insurance Commissioner (call you city hall for this information).


Hope this helps.