Legal Question in Insurance Law in California

what is the longest an insurance company can take to respond to reinbursement fees calls for rental cars because we have been trying to contact the insurance company of the person that hit our parked cars and we leave messages for them to call us back and they simply dont reply to my emails or phone messages? Can we sue them if they refuse to pay our reinbursement this all happened on the 14th of June 2010 is it normal for them to take this long?


Asked on 6/24/10, 11:11 am

1 Answer from Attorneys

The other party's insurance company has no obligation to you at all. Their obligation is only to their insured. You need to deal with your rental needs yourself. Submit the claim to the insurance company, and if they do not promptly respond, send them a certified letter threatening to sue the driver if they do not respond. Then, if need be, sue the other driver in small claims court. Your leverage is that letting an insured get sued instead of adjusting a claim, is bad faith insurance practices as between the insured and insurance company. If the driver gets sued because his carrier ignored you, THAT will light a fire under their behinds.

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Answered on 6/24/10, 4:05 pm


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