The Definitive Guide (2023)
When a Car Insurance Company Refuses to Pay
This is the ultimate guide on what to do when a car insurance company refuses to pay.
Here’s the number one thing you need to know:
The only thing that motivates an insurance company to do anything is PROFIT.
We’ve all heard of people being motivated by either the proverbial stick or carrot, right?
Well, insurance companies are motivated by the stick – meaning they ONLY respond to punishment.
And punishment for insurance companies comes in the form of PROFIT-LOSS.
So if your insurance company is giving you the run around, you will know exactly what you need to do after reading this guide.
Let’s dive right in.
Contents
Key # 1
Profits Over People
The first key to understanding what to do when a car insurance company refuses to pay is to learn how they work.
Unlike most people think, insurance companies do not work for you, their paying customers and insureds.
Insurance companies work for profit.
Insurance companies collect money from premiums and invest the money in the stock market, real estate, and other investment vehicles to increase their profits.
So let’s think about it.
Do insurance companies make more profit by paying insurance claims or by keeping the money in investment vehicles?
…
Exactly.
Insurance companies will do anything to keep their money in investment accounts to continue accruing interest on YOUR money.
Here’s the deal.
Insurance companies only respond to punishment via profit-loss.
Once you understand this key fact, you will better understand how to handle insurance companies going forward.
Key # 2
Threats of Profit-Loss
So if insurance companies put profits over people, do you think altruistic goals motivate them?
Like helping society by seeking justice for victims of someone else’s negligence?
Or, does the risk of losing money motivate insurance companies?
When a car insurance company refuses to pay, you need to threaten them with something that will put their profits at risk.
Because threats of profit-loss motivates insurance companies.
If you and your personal injury attorney believe insurance companies do the right thing and pay claims, ask yourself if you even need an attorney?
If you believe insurance companies do the right thing, why haven’t they gladly paid you the full value of your loss?
Or do you think you need to threaten them?
Look.
Insurance companies don’t do the right thing.
They only do things to increase profit.
Threatening to take something away, like profits, will motivate them to pay the full value of your claim.
Threatening them is the only way to get a response.
Next you will learn how insurance companies process claims using The “3 D’s” Insurance Mantra.
Key # 3
The "3 D's" Insurance Mantra
DENY the Claim
DELAY the Claim
DEFEND the Claim
First, an Insurance Company May “Deny” any Responsibility for Your Losses.
Quite commonly after a crash when you call the at-fault driver’s insurance company, you may get the run-around.
Even when liability is obvious, such as when you are hit from behind.
The adjuster might tell you the insurance company is denying liability “until they get some information from their insured.”
To read our guide on how to deal with insurance adjusters, click here.
Insurance adjusters will tell you to get lost, or they need something from you first.
They will say, “Well, we have not been able to contact our insured to get any information from them, therefore we won’t look at your car, or consider your injury claim.”
Or they want a recorded statement from you before they will do anything. (NEVER give a recorded statement without consulting with a lawyer FIRST!)
Their first response just may be to tell you to take a hike and they are not going to pay a penny.
When a car insurance company refuses to pay at our office, we don’t waste time.
We talk with our client and decide if we should file suit immediately.
Why should we wait around for the insurance company to maybe change their mind?
Also, there are time limits for how long you have to file suit on a claim. To learn more about the statutes of limitations laws in Florida, click here.
If they Don’t Want to Pay, Don’t Wait. File a Lawsuit Immediately.
Why not file a lawsuit immediately and get the ball rolling?
After all, once a lawsuit is filed, our team gets to take a formal statement from the at-fault driver under oath by taking their deposition.
If you need help finding a lawyer who will fight for you all the way to trial, click here to read a guide on how to choose a personal injury lawyer.
Second, an Insurance Company will “Delay” the Claim by doing the Following:
If you try to settle your claim on your own and you ask the adjuster to make you an offer, they will usually reply that they need more information.
When a car insurance company refuses to pay, they will start delaying your claim, hoping you will give up.
They Will Send You on a Wild Goose Chase to Get Documents for Them that They Don’t Actually Need.
They love to ask the injured person to run all around and collect tons of documents for them that they don’t really need to make you an offer.
And when you provide them with what they ask for, they say, “thank you,” and then ask for something else.
Then when you give them that item, they want another thing.
They are always asking for more stuff from you.
By giving you the run-around, the insurance company buys themselves time.
They Delay Your Claim so They can Accrue Interest on Your Money.
They also create frustration and aggravation on your part by asking you for ridiculous things to keep you busy while they collect interest on your money.
How to Deal with the Delays When a Car Insurance Company Refuses to Pay:
So, how do we, at MattLaw®, deal with the delay tactic?
We give them all of the information they need to make a fair evaluation of your claim.
Then we give them a firm deadline to either pay and resolve the claim.
When a car insurance company refuses to pay we will file suit and seek all of our clients’ damages through the court process.
If they try to send us on a wild goose chase for records and documents, we will often times give the insurance company a signed medical records authorization from our client that is only good for 30 days.
We tell them, “go get anything you want with this release.”
Almost every time we send them a release, they never request a single document.
Insurance companies are not willing to spend their time, energy and money to obtain records to fairly evaluate your claim.
They just want to delay any payments and collect interest on your money, or hope that you give up and drop your claim altogether.
Third, Once a Suit is Filed, Insurance Companies Fight Hard to Defend the Claim.
The third tactic of insurance companies is to “Defend” your claim after a lawsuit is filed.
They fight hard to NOT pay fair value for your claim.
Most insurance companies (at least the common car insurance companies) have created their own law firms.
When a car insurance company refuses to pay, they will defend the claim as long as possible.
Insurance Companies Set Up Law Offices and Hire Attorneys to Defend Claims.
They set up a law office, and then hire attorneys to work for them, and they are actual employees of the insurance company.
The insurance companies have done this to save themselves money.
They used to hire private defense attorneys who would commonly defend insurance companies.
They Used to Hire Private Law Firms, but They were Spending More Money than they Wanted.
Over the years they were spending too much money by hiring independent attorneys to defend them.
So they decided to start their own law firms and hire employees.
They pay lawyers a set salary to defend the cases brought against them.
The insurance defense lawyers may defend your case vigorously.
They may pay CME doctors hundreds of thousands of dollars a year to examine injured people and give opinions that the victims were not hurt from the case.
Insurance Companies have Teams of Experts they Pay to Say Whatever they Want about Your Claim.
If the property damage is slight to the cars, the insurance company might hire their favorite engineers who will try to say that you can’t be hurt in a car accident unless there is more property damage.
The insurance company might hire a team of surveillance people to try and catch you doing something you should not be doing.
They will look at your Facebook page and try to find things that might indicate you are not hurt from this accident.
Bottom Line: They Will Defend Your Claim to Hold on to Your Money as Long as Possible.
The bottom line is that they insurance company may defend your case all the way through a jury trial, and sometimes beyond that into appeals because all they want to do is to hold onto your money as long as they can so they can maximize their profits.
Key # 4
Delaying Payments for Claims
Insurance Companies Delay Paying Legitimate Claims to Maximize their Profits.
Insurance companies operate from a position of maximizing profits.
So, maximizing profits requires holding your money as long as possible by denying, defending and delaying claims.
Delaying claims includes denying responsibility, gathering surveillance, and hiring defense lawyers.
You Need to File a Lawsuit.
In the end, when a car insurance company refuses to pay, you need to bring out a big stick.
File a lawsuit.
Threaten them with something that will cause them to lose profit.
So, you have to let the public, your community, decide what is fair compensation.
You do this by using the American Jury System.
How to Take Control of Your Claim and fight back from the Insurance Company tactics:
Hiring the right lawyer will make a difference in how your claim is handled.
By hiring an aggressive, board certified civil trial lawyer that actually will file a lawsuit and go to trial puts the insurance company on notice immediately that they better take your claim seriously, or else they may end up facing a jury.
As we know, the insurance company carefully monitors lawyers’ track records.
Insurance Companies Will Value Your Claim Based on the Lawyer you Hire.
When you hire a lawyer who has a good reputation for keeping his word and rejecting low offers and insisting on going to trial, the insurance company will pay more.
They pay less on a claim handled by a law firm that hardly ever files a lawsuit.
Or if the law firm files suit, they don’t follow up and take the case to trial; then instead, they take the best offer at mediation.
Insurance Companies Hate Risk and Don’t Want to Lose Control of Your Claim
Insurance companies are only at risk when they lose control of the value of your case.
And the only time they experience any risk is when a jury gets to decide the value of your claim.
When a car insurance company refuses to pay, you need to take away their control of your claim.
Think about this.
When they are negotiating, they have your money, and they have a lot of control.
They can pay you more and close the file.
Or, they can fight and keep your money until you finally take steps to make them pay you.
Going all the Way to a Jury Trial is the Only Way to Take Control of Your Claim.
Keep in mind that insurance companies are never forced to pay any injury claim until you have a Court Order called a “Final Judgment” telling them they must pay you.
Until you have that in your hand, they only pay if and when they want to.
Filing suit is how you take control of your case.
Key # 5
Insurance Companies Rate the Lawyer You Choose
Insurance Companies Rate Lawyers’ Ability to go to Trial and their Trial Record.
The insurance industry keeps track of lawyers track records.
The insurance companies know which lawyers are bluffing, in other words, they only threaten to file a lawsuit and hardly ever do.
If they do file a suit, the insurance companies know which lawyers will settle rather than fight.
When a car insurance refuses to pay, it may be due to the lawyer you hired.
Beware of Big Advertising Firms that Settle Cases for Low Values.
Some law firms or law groups advertise quite a bit and they resolve and settle cases quickly and for lower value than they might be worth.
If your case was handled by an attorney who has a history of filing lawsuits and taking insurance companies all the way to a jury trial, your claim is worth more money in the insurance companies’ eyes.
Insurance Companies also Track All of the Doctors and Medical Clinics You go to.
Because all medical billing is done electronically, every doctor and medical clinic has Federal Tax ID numbers.
These ID numbers are on all of your medical bills.
Insurance Companies compare the Federal Tax ID number of your attorney and your doctors to help set a value on your claim.
Beware of Lawyer Referral Services. They Use Your PIP Insurance and Decrease Your Case Value.
Insurance companies keep track of doctors’ reputations.
When a person goes to Ask Gary clinics or 411Pain, the insurance company already knows that these high-volume clinics have a reputation of inflating the medical bills, and not providing much care.
If your lawyer has a low evaluation by the insurance company, and your doctors also have a low score, then they will place a lower value on your case.
The Strength of Your Attorney and Doctors Will Determine Your Case Value.
Think about it:
What a great way for insurance companies to save money.
If they can accurately predict the strength of your attorney and doctor, why would they pay a penny more than they have to?
They can tell from handling thousands of other claims that certain attorneys won’t fight hard and so they offer them less money.
If they can tell from the hundreds of thousands of medical claims that come in from medical clinics that just burn and churn the no-fault insurance, then they know these doctors medical records won’t be very good.
When the case ends up in a trial, the doctors probably won’t present as well as other doctors who don’t work in a medical mill setting.
Insurance Companies Will Value Your Claim Based on the Doctors you Treat with.
When a car insurance company refuses to pay, it may be due to the doctors you are seeing for your injuries.
So, choosing the best doctors is very important to the value of your injury claim. For a simple guide on how to find a doctor after a car accident, click here.
Key # 6
Insurance Companies' Greatest Weakness
The Courtroom for a Trial = Insurance Companies’ Kryptonite
Insurance companies are weakest when they are in a courtroom.
They should pay you fair value to avoid being at risk of losing at trial.
However, quite often, some adjuster far far away, with the use of a computer and software designed by the insurance industry, has placed a value on your claim and they won’t pay more.
When a car insurance company refuses to pay, exploit their weakness by taking them to trial.
Insurance Defense Lawyers Commonly Admit they Wish the Insurance Company Would Pay More to Settle Claims.
It is not uncommon for defense lawyers to confess to judges, mediators, and even us plaintiff lawyers, that they wish the insurance company would pay more money to settle cases.
But since they don’t write the check, defense lawyers have to keep fighting to hold down the value of your claim.
The defense lawyers are often overworked and have too many files.
Insurance Companies Often Don’t Treat their In-House Lawyers Nicely.
The insurance companies tend to not pay them as well as private law firms.
They often do not provide adequate support staff and resources for their employee/attorneys to do well in a trial either.
Remember what motivates insurance companies to pay claims: filing a lawsuit and going to trial.
When a car insurance company refuses to pay, take them to court.
Insurance companies will not respond quickly to your claim unless you pressure them with a jury trial.
Key # 7
The Importance of Jury Trials
What to Do When a Car Insurance Refuses to Pay: Jury Trial
Sounds easy enough, right?
However, trials are not very easy.
That is why so few personal injury lawyers ever go to trial.
Going to trial scares most lawyers.
Most lawyers settle cases for less than the value of the claims.
Very Few Lawyers Ever go to Trial because it is Extremely Hard.
When a car insurance company refuses to pay, motivating them requires top dollar:
- Good liability, which means it’s easy to determine who caused the accident;
- Harms and losses caused by the accident, which your doctors and medical records prove;
- You need an experienced personal injury lawyer who has the guts to walk into court and try your case.
You Need a Lawyer who knows the Law, Medicine, and Science of Personal Injury Claims that will go to Trial.
Find a lawyer who knows the law, medicine, and science of personal injury claims.
Also, find a lawyer who can communicate effectively to the jury.
Believe it or not, the attorney you hire can make a big difference on how much your case is worth.
As well as how fast you will be paid.
So Now It's Your Turn
Thank you for reading this guide on what to do when a car insurance company refuses to pay.
What experiences have you had with car insurance companies?
What other questions do you have for me?
Is there anything I missed?
Let me know in the comments below.
How we can help you?
- How can your Tampa attorneys help with my car accident case?
- How often do car accidents happen in Florida?
- What are the common causes of car accidents in Tampa?
- What kinds of injuries do Tampa car accidents cause?
- How long do I have to bring my Tampa car accident claim to court?
- Do you have a Tampa car accident lawyer near me?
About Author
Matt Powell is a Board Certified Civil Trial Lawyer by the Florida Bar who represents injured victims and their families. He is an experienced personal injury trial attorney who has been practicing since 1989 in Tampa, Florida. Simply call our offices or fill out our contact form to schedule a free consultation today.
I’ve been in a accident April 12,2017 the vehicle I was in was hit from behind. The car was total loss I sued the driver that hit the vehicle also the vehicle I was in I sued to pay my medical bills bit the company didn’t pay my medical bills at all it came out the actual driver that hit the vehicle. I wanted to know can I go back and sue the the insurance company for bailing out on my medical bills when in the policy it states they pay up to 80% of the medical bills this is the actual car I was injured in?
The answer to your question is Yes, you can file suit against your own PIP carrier, or if you don’t have PIP, and you qualify for the no fault insurance from the car you were a passenger in, then they will pay. And if and when you win, your attorney will be paid by the insurance company that forced you to sue them.
Hello. I was hit last year by a driver who was on his phone. He was going anywhere from 30 up mph. I was stopped when he hit me. The car damages were over 6k. He has no insurance. I have uninsured motorist coverage up to 25k per person. I have back injuries that were aggravated from being hit once before. I’ve missed work and am constantly in pain. The chiropractors won’t see me because they said I need a specialist at this point. I have AAA and they denied my claim. It is now September 2019 and I feel no sense of peace. I am emotionally drained and need help. I have assistance however I don’t feel at ease. I see it as something quite black and white. If I’m paying AAA for protection against negligent drivers but cannot get help..then what is the point of paying? The person helping me is not as experienced as I had hoped and I feel that taking a leap of faith is not something I should do in this matter. I feel taken advantage of as I’ve seen people walk away with a scratch and have recieved more care than me. I don’t know what to do. I was hit once last June and again in October. Is it okay for me to end the uninsured motorist case with the person who is assisting me already with the first one so he can focus on one? I’m desperate for help. I hardly have any communication with them and I never know what is going on. It just doesn’t feel right. I’ve patiently waited all this time and know nothing. Then I see people like you and I think gosh everything you are saying is what I’m thinking. I know some cases take time, but in this case I feel that if I had someone more seasoned that I’d have been done with it already. I can’t afford to pay for advive. I don’t want to offend anyone or anything but I dnot want to get less than what I should. I have medical bills that I paid out of pocket and ones that went to collections and they are harassing me when I am not the person who should be accountable for someone else’s negligence. I lost my job and cannot work in the same field either. I’d be so so grateful if you could give me some advice.. Or if there is some way to talk to you for just a few moments. Thank you
I am sorry to hear of your troubles. I suggest you write a letter to your attorney and ask them to file suit for you against the at fault driver and AAA for your damages, and possibly add the two other people who caused the accidents that made your injuries worse in June and October. This way your attorney can sue everyone and let the jury sort it out. Good luck to you.
Okay I was on a moped that instead of South Carolina does not require insurance I was hit from behind while sitting in the middle of the road waiting to make a left turn the woman claims that I pulled out in front of her claims that my tail light wasn’t working I have a I think very good lawyer from what I’ve heard what should the outcome be
Hi Wayne,
You should win your case. Liability is clear. Just make sure you talk to your lawyer and follow their advice. Good luck to you.
I was in an accident where I was at a red light and when it turned green I went forward about 30 feet before the driver coming from the other direction turned in front of me in the intersection, I have this all on dash cam and their insurance company has the footage. They are only willing to pay 90% responsibility. My car is a 2005 Ford Taurus, and I’m going to the doctor tomorrow as I suspect I have a concussion from the accident. What should i do?
Hi Noah, Hire a lawyer immediately, and get to a doctor. Don’t let any more time get by.
Hi, Matt
I was rear ended, side swipe while sitting at a traffic light in traffic. The other car that hit me insurance company paid for my injuries. they gave me hope they would take up the car damages as well. Then they sent me a letter stating the case was over we are not taken any responsibilities. 2 weeks after I placed a lawsuit against the client, the case was reopened. I was told to take photos which I told them my car is at the shop where it would be repaired at. After the appraisal finish with my car, by the end of the same day I got a called stating we decide to close the case after all, and will see me in court on my original law suit.
Hi Lisa, I suggest you get ready for court. Is it possible that when they paid you for your injuries you signed a “Full Release?” If so, that may be why they are not fixing your car. They may have tricked you into signing a release that included the property damages. I suggest you take a look at the release, and or if you don’t have a copy, request on from them. Good luck.
My son’s car was stolen he had full coverage and gap insurance. The insurance company refuses to pay because his license had expired. What can he do?
I suggest he files suit agains his own insurance company. This will motivate them to treat him fairly.
Hey my name is kathy and I’m trying to get help to figure out what to do about the insurance company that supposed to payed for my wreck truck it was the other person fault and it happened in July 2017 and they still haven’t done anything after saying they goin pay for it can u help
You need to hire an attorney in you area. They can help get this resolved and behind you.
I go through an agent for my insurance, but he told me that people who get minimum coverage also pay more because they are thought of as less responsible. Because I had a slightly higher insurance policy with my parents, it was cheaper for me to stay with the same level of insurance than to drop to a lower one. I also found that being in IT means that I get a discount.
Any idea if the higher cost for not keeping higher coverage is a kind of tax on those that can’t afford the higher coverage in the first place or if it is truly that they feel maintaining a higher coverage means I am more responsible?
You ask a great question, that I do not know the answer too. I would agree that when you purchase more coverage, you will have a lot of savings. People who tend to by more coverage are probably better drivers, and deserve lower rates. But I am not 100% sure.
Hey,
So recently my car insurance company has refused my payout due to me not declaring the car is a chilli pack edition…
I thought this was not an extra fitting or mod?
As the chilli pack is a factory modification of the mini.
Is this a strong enough case?
If they send you a refund of your premiums, and you cash the check, you waive any claim. If you disagree, and hire an attorney to sue for your damages, and win, your attorney will be paid from your insurance company. Good luck. Matt
Was involved in an accident June 2016 semi ramed my suv driver was cited insurance refuses to make settlement now I believe I need to find an attorney who is willing to take my case
It sounds like you can find an attorney easily. But please hurry because there are important deadlines and if you wait too long, you will not have a claim. Good luck.
I was a passenger in a car and a truck ran a light and totaled the car and I had neck and back pain so i went to the hospital and I had ct. Scan mri and some other things done. I talked to the insurance company and I filed a claim they asked if i mind if she recorded the statement i was under impression that it was nothing and said yes she asked me if I was going to go back to the doctor and I said I could not afford it even if I had to so I kept answering questions. Now i have found out that was a mistake. I have been having back and neck pain for 5 months and my lawyer i have for a custody case is helping me by dealing with them. I asked them how much I would get if I just settled and she said maybe 700 to a thousand. And they were eager so i didn’t want to do it because I was still pain. Just my er visit was over 10000. Is there a way i can do something about the recording if it is a problem for me.
Hi Brandon, yes, you can still make a claim. Your one comment on a recorded statement can be explained away by the fact that you did not know how serious your injuries were at that time. You should ask your lawyer to refer you to a board certified civil trial lawyer in your area. Don’t wait, time is not on your side. Good luck to you. Matt
Hi I was considered the at fault driver on police report along with that no one injured and all denied medical treatment . My coverage is up to a million dollars and my insurance company assured me over a year ago that the claim they were seeking was very small. Do I have a right as the defendant to know if my insurance company received a demand letter? Now I received a message 13 months later that the driver had filed a lawsuit on a case I was told was being resolved. If my insurance company denied a settlement that was well less than my coverage do I have a case against them if we go to trial and the plaintiff is awarded in excess of my coverage?
I think they call it a stowers demand in Texas.
Thank
Hi Nick,
Yes, you have the absolute right to be fully informed about all the claims, and the status of the claim. You need to write them a formal letter asking for copies of all correspondence and records exchanged between your insurance company and any person making a claim, with our without an attorney. You should demand your insurance company advise you of every offer and every demand made. The worst thing that can happen is your insurance company low balls the claim, causing you to get sued. Good luck.
Hi Matt,
Great information you have provided. I am looking for someone in PA, specifically in the Downingtown, PA area.
I am dealing with Travelers and they are just delaying and telling me I need to sign my car over then only they will pay after deducting the storage fee from my payment.
I wish I could give you the name of an attorney in you area, but unfortunately, I don’t know anyone to help you there. Please try searching on the Internet for attorney that specialize in “first party” claims against your own insurance company.
I have insurance with United auto, I can’t get them on the phone and they are delaying payment , I would like to explain more
When an insurance company won’t talk to you on the phone, I suggest US mail, or email. When they receive something in writing, they better take some action. If they don’t then contact the legal body that regulates insurance companies in your state.
Hello Mr. Powell,
My car was stolen from my front yard and when recovered by the Nashville Police Department, inside the car was set on fire, but because the ignition/staring column seems not to be damaged, my claim has been denied. I, desperately, need your assistance; I am still making payments on a damaged vehicle, I cannot drive.
Sincerely,
Ms. Terri Stephens
I suggest you fine an attorney in Tennessee who will file suit on your behalf against your own insurance company to make them pay your loss. If Tennessee law is similar to Florida law, your attorney will be paid by your insurance company when they win the case for you.
I had National General Insurance and my car was stolen by my 14 yr. old who was listed as a driver on the policy and they denied my claim. I live in Indiana had full coverage on the car, it was paid for, but because the police were involved and he walked away from the scene they are saying they can deny the claim which I think is bogus. STOLEN is STOLEN and minors fall into joyriding and that is not listed in the policy nor was this ticketed or put on him as a felony.
HI Amanda,
What an interesting problem. I suggest you hire an attorney in Indiana right away and ask them to sue your own insurance company for the losses.
hey am johnson
a trailer knocked my car and its driver sent me to his insurance company giving me a runarround its now 5 months since the incidence they nolonger reply to me
some advice dear
After waiting 5 months, I suggest you hire an attorney in your area to file suit for all of your losses. Good luck. Matt
I was involved In a car accident, the other driver ran a stop sign now United automobile insurnace saying they will pay for my totaled car but want to force me to keep and deduct 709$ for salvage, I told them I don’t want the car I just want the full value of my car and they can take it , what can I do?
You should tell them to come get the vehicle and pay you in full. You don’t have to take any deduction for the salvage. That is crazy. Just insist they pay you in full, or else you need to hire an attorney to sue them for all of your damages.
I parked my car near my apartment and I was away from the country for 5 days. I have all the records showing that I was not here. When I returned and drove to work, after a half mile I found the steel wheels did not work right. So I drove to the shop, then I realized the car was damaged already while parked. My insurance company denied my case and think the car was in motion when damage happens, they claimed I hit something. I was even not in the country. They do not pay anything for my car around $2000 to fix.
Do you do the case like this?
Hi Jie, Yes, you have a case, but you have to hire the right attorney to sue your insurance company.
My sons tire fell off while driving. He called the insurance company they told him he never transfered the new vehicle over to his insurance which the new car is the same make just a few years older. The insurance all the while was collecting his premiums what can he do please?
The key question is when was the title transferred? There is usually a 30 day grace period to add a new vehicle to the policy.
My car was vandelised there are some dents on it and key marks all over it got estment and $3,400 i have $500 ductable and they never came to look at it they made me take pic to send them and put $300,in my Account not even close and i have Vandalism repair coverage And I refuse the payment Any ideas
I suggest you hire an attorney to sue them. When you sue your own insurance company for benefits they owe you, your attorney should be paid from the insurance company. Good luck. Matt
Hello Matt my son was in a collision on May 5,2019 I spoke with the other parties adjuster around the 7th and didn’t hear from her till the 14 when I called her. She keeps insisting on a 50/50 payout. After not hearing from her for 2 weeks I asked she be removed as the adjuster on the claim and am now dealing with her supervisor who also called the collision shop I have my car in and told them the same thing that they would only pay 50%. Our insurance put my son at no fault while theirs say it’s both their faults what can I do ?
Hi Mary. You are a victim of a new insurance company ploy. Many of the big insurance companies now claim that their insured is not at fault, or not 100% at fault when they know they are. They do this to frustrate legitimate claimants like you and your son. As a result of being frustrated many people give up, and take less and just move on. Over the course of time, this saves the insurance company millions of dollars. What you should do is get your son checked out for injuries and hire a good personal injury attorney and file suit for all of the losses. When you file suit, the case will be reviewed by an attorney on behalf of the at fault insurance company. This attorney will explain to the insurance company that since you have taken an aggressive step of filing a suit, that they should admit liability, pay you now and reduce their exposure by paying you early.
Sadly, the at fault insurance company owes you and your son no duty of fairness. But they do owe a duty to protect their insured. Only by putting their insured person at risk can you motivate the insurance company to do the right thing. Good luck to you and your son, and I hope you make a quick and full recovery. Matt
Hi Matt, I appreciate so much gold worth of information here. Please, without taking your time, could you help me? I hit my small car in a truck. The truck just scratched. But my car lost a lot, I turned flashlight that was going to enter the left, he did not see me, he accelerated, I diverted his car, but the wrong one is me because I was in the middle lane and asked for passage. My problem now is that the insurer said that it will not to fix the car, because gave a total loss car. Okay. But they have even not fixed my car, for two months, they do not even have the phone, and worse, they do not answer phones. I do not know what to do about it. Because I never to see the check or my car fixed. May you help me? My insurance is Full cover.
In your situation, you need a lawyer to file suit for you to get this resolved. I suggest finding an experienced attorney in your area immediately. You are welcome to call my office and we will try to help you find an attorney that can help in your area. Matt
So I paid my premium to AAA on July 19th , my car was involved in an accident at 12:30 noon on July 20th , I called AAA to report it on July 20th and they told me the car was not covered on July 20th , they claim the car was cancelled at 12:01 am on July 20th ? Is this even legal ?
Hi Vincent,
If AAA gave you coverage, then what they are doing is wrong and you should hire an attorney, sue AAA, and you should win. You must prove that they bound coverage on the 19th. This obligates them to pay for the loss on the 20th.
Hello,
I was involved in an accident. I was driving South on 41 in Ft Myers Fl. In the middle lane when a Mercedes SUV attempted to move into my lane. The traffic was busy and I had no there option but to stay in the middle lane while the driver of the Mercedes continued to try to get into my lane. The Mercedes after running into me a couple of time I finally was able to move from the middle lane into the left lane waited for the Mercedes to pass me thinking it would pull over but the Mercedes speed up so I called 911 and explained that I was just hit by another vehicle and they would not pull over. I had to get behind the Mercedes and flashed my lights honked but the vehicle continued to speed down the street. Finally the light about 2-3 miles down the road had to stop at a light. I was scared to death but knew I had to attempt to knock on the Mercedes window but you never know who is on the other side. I knocked and the lady rolled down her window, I explained to her she hit me and needs to pull over now, that I’m on the phone with the sheriffs department and have her plate number . She said well I’ll pull over at Bell Tower. I told her no she needs to pull over now or the sheriffs department will find her and arrest her for leaving the scene of an accident. The whole time I was on the phone with 911, and stayed on the phone until she pulled over and police arrived. They ticketed her for improper lane change. When she got out of her vehicle she said I would of known if I hit you. Now the Mercedes AIG insurance will not take responsibility for the damages of my vehicle. My insurance has taken over , and after 20 days is paying my medical bills. The accident was the first of May, an Attorney showed up at my door stating I must of gone on the internet and requested information (SKG) Attorney. They automatically sent me to Multi Care where they performed PT, not even acknowledging that I suffered a concussion, neck injury, back injury and left knee. I never got to see a doctor and demanded they send me for MRI to determine my injury’s. Multi care told me if I go to the hospital I can no longer come to Multi Care. This is so wacky. It’s now been 40 days and I can’t drive my car due to damages not only to the drivers side it is also the wheels, suspension, now an oil leak, engine light is on and several warnings appear on the dash of my Volvo XC 90 T6. Please help me.
lilkmarie007@gmail.com
Hi Kelly,
I am sorry to hear about this terrible incident. From what you have shared with me is that liability is clear, it is 100% the other person’s fault. It also sounds like you have some pretty serious damages and injuries, and from what you are saying, it sounds like the at fault person has insurance to pay for your property damages and your injuries. My advice is to call my office and speak with us and let you decide if you want an attorney to help you with all of this. Please feel free to call my office in the morning. Matt
Hello 👋🏼
My car was parked outside my house and was hit by another car. My car does not have insurance car is damaged pretty bad. The person Who was driving the car Fled the scene.. The police left a note on my car saying they know the owner of the vehicle and it’s insurance company (Progressive)… however the owner of the vehicle is saying that he did not do it and that his car was stolen ..He also filed a police report.Progressive is saying that they are most likely not going to Pay for my car Because the owner was not responsible……However there was a company that came to my house and looked at the car and said it was scheduled for a total loss of around $3000… Is there anything I can do to fight this or Should I accept their final say? I know My car is not insured however it was parked at the time and I don’t believe a parked car I have to have insurance….Progressive is saying they are not going to pay for my car but if that’s true why did their total loss company told me that they were going to pay me 3000??..Is There anyway for me to legally fight this?I would appreciate if you answer this for me !Thank you for your time!
Hi Shardae,
If the Progressive car was really stolen, then Progressive is not liable to pay for your damages. One important thing you need to do is to find out exactly when the owner reported the car stolen. If they reported it stolen before you car was damages, I would say you are out of luck. but if they reported the car stolen after your car was damaged, then you may be able to show that they filed a false police report because they did not want to have to pay the claim after damaging your car. Good luck with this. Matt
Hello Mat,
I was recently involved in a car accident. The other party did not admit being at fault and the police did not issue fines to anyone on the day of the accident. I was told that our insurances would have to sort this out. I gave my statement of what to both insurance adjusters and mine declared the other party 100% at fault leaving me as the innocent party. The other person’s insurance say that liability is at 50/50 and they do not want to pay me the full amount. the took about 2 months to come out with this answer because the person responsible for my case left the company and my cases remained untouched. I already have an attorney helping me with the injury claim part of it but when it comes down to the total loss claim is there anything we could do or is the only option to accept half of my car’s actual price?
Hi Lucas,
First talk to your lawyer, and ask them to file suit.
Hi Matt
I have an interesting problem. I recently handed in my leased 2107 Hyundai Elantra Limited and leased on the same day a 2019 Hyundai Elantra Limited. Same color, more safety features. I called on April 1, 2019 to Hartford Insurance to switch the vehicles, and I have the 15 minute call listed on my phone.
On August 25th, I was on my way to a company picnic, closed my driver door and the entire back window exploded. I took it to the dealership the following day, Monday the 26th, and they apologized and gave me a loaner car. On Tuesday morning, the 27th, I received a call from Brian in the service department that it was not a factory defect, and it looked like a rock or bee bee gun cracked the window, as there was a small dent down to the metal right below the window. He said it was the size of a small fingernail, but proved it was vandalism or a highway flying rock. He said that he would help me with an insurance claim. I phoned Hartford claims department and they said that I needed to call customer service as there was a 17 Elantra but not a 19 Elantra. I called customer service and they added the 19 and deleted the 17. They said good news, your policy went down $350 a year because the 19 has more safety features. I asked if this would affect my claim, and she said it shouldn’t. So I filed the claim.
I received a call the next day from the claims adjuster that my claim was under investigation and since I sent a screenshot of proof that I called, they have to pull phone records from that date and it could take up to 10 days. My car is sitting in the dealership service department and I have their loaner car, which they said they need to charge me for. I have rental car coverage, but that is part of this delayed claim. I think they are going to end up denying this claim, and I gave been paying my premiums to them for auto and home insurance for 4 years now. What happens to the last 5 months payments if they say that this car was never insured? I am very frustrating. It is the same exact car only with more safety features and 2 years younger with more safety features. The adjuster told me that the incident occurred 2 days before the claim was entered. Help me please! Anthony in Tacoma, WA
Hi Anthony,
You actually have a good case, but you will need to hire an attorney to sue The Hartford in Tacoma WA. If you find an attorney to take your case, and you win, The Hartford Insurance Company should pay all of your attorney fees and costs.
Good luck, Matt
I need some advice here, I had a car accident back in 2015. I rear ended the car in front of me in a construction zone. We were at a complete stop for a couple of minutes, then we started moving all of a sudden they stopped again but there was no way I could stop. The accident was my fault and I totally admit it. I got the ticket for careless driving, I went to court and the Judge cited me for faulty vehicle. I paid the court costs and nothing more was said about it. The vehicle I was driving was under my friends name but I was named as a driver on the policy. My friend had passed away earlier that year and we were waiting for all of the legalities of his estate to be figured out so that I could pay the remaining amount for the vehicle, then get it put into my name. I had the insurance card in the vehicle at the time and it wasn’t due to expire until 11-01-15. It was 8-28-15 when it happened, I called to report the accident to the insurance company, they were unaware of his passing until I called. They are trying to say that his policy was not valid since he had passed away on 4-16-15 and the claim would not be covered. I know it’s been a long time since this happened but I have moved a couple of times since then and just found the paperwork stating that I am a driver on the policy. He was a great friend, that being said is that he was financing the vehicle for me and I made my payments to him monthly and he would then make the payment on it. I only owed $2000 out of $14,000 on it when he passed away. He payed his premiums annually and I paid him monthly for my portion, the paperwork also states that It was paid in full for 1 year of coverage. I’m not sure if I even stand a chance of the insurance company helping me out in paying for this claim but I have now lost my license until it gets paid for. I don’t know what to do. Any advice ???
Thank you for your time
Hi Sheri,
If this happened in Florida, you have 5 years to sue your own insurance company to make them pay the claim. However, it seems like you need to open a probate to really get organized and have your friends estate sue the insurance company. But be careful, they will likely try to refund the premiums. If you accept the refund, then you give up your case.
My wife and 3 kids were involved in a car wreck on August 20th, 2019. It was the fault of the other driver but their insurance company took 3 weeks to actually claim 100% liability. Within that time period we had to make a decision to either have our car repaired or wait. We chose to have our car repaired and we went through our insurance company and had to use our rental coverage through our policy so that we had another vehicle to drive (a must for our family of 5). Our rental coverage ended on Sept 27th and we have been without a vehicle for nearly 2 weeks while we are waiting for the collision center to complete repairs. On top of all of this, my wife has been to the emergency room twice to be treated for a 3rd degree burn she suffered from when the air bags went off and due to the amount of anti-biotics she had to take, she developed a bladder infection. The at fault insurance company is offering us a measly $350 settlement and neither ours of their insurance is doing anything to help us. On top of that, since we went through our insurance instead of waiting the 3 weeks for the other company to make a decision, our rates have increased by nearly $30/mo. My wife also runs a business out of our house and has missed money making opportunity because she is without a vehicle. She also home schools our kids but can’t do certain things with them our take them for learning activities because they are stuck at home. We feel that we are paying full coverage insurance for no one to be in our corner and we are at our wits end. My wife has been stressed to the max physically and emotionally. What options to we have in fighting the at fault company for more compensation without taking a legal route – we can’t afford an attorney at this time. Thanks!
Hi Chris, my suggestion is that you hire an attorney immediately. Hiring an attorney will help in many ways. First the insurance company will know they can’t take advantage of you with low offers such as $350.00. If they are treating you bad now, it probably won’t get easier for you. So, please hire a good attorney who can take the stress off of you, and get you what you deserve. Remember that attorneys who handle cases like yours should take the case on a contingency fee basis, which means you are not paying the attorney by the hour. And the sooner you get help, the less damage can be done or evidence lost. Good luck to you and your family. Matt Powell
I need some advice bad.ok so on 9/8/19 at 8:40 p.m. my van a 2006 Dodge Caravan. Mind u this van only had one other owner and that was my father so this was pretty much my van for 13 years . this van was taking very good care of .There really wasn’t anything majorly wrong with it just some few rust spots the motor was fine everything was fine. But anyway it was parked out front of my house on the street and my husband’s truck was parked 8 to 10 feet in front of me. A lady was coming down the street the speed limit is only 30 but she must have been doing at least 50 I’m guessing cuz she hit the back of my van never even hit the brake pushed my van Into the back of my husband’s truck totaled my van out she also did a lot of damage to the truck and bent the frame. My husband and I run downstairs and out front and had to make her take her foot off the gas and shut the vehicle off. She had no idea that she hit anything or that she was stopped. I called 911 and my husband stood next to her not letting her out of the car he did not know if she was hurt or not all he could smell was liquor.. when the police got there they tried talking to her realize that she was completely drunk and proceeded on taking her out of the car and arresting her she is 61 years old and she decided that she was going to fist fight the cops instead of getting handcuffed. As this was going on I was recording the van and the truck and taking pictures of the damages and the police called a wrecker for my van and a wrecker for her car. She was driving a 2015 Nissan Murano that she completely totaled out . My husband’s truck is a 2004 Ford F-150 . she was at total fault. At first my husband and I had to find out everything cuz she ended up getting like 8 tickets one of them being DWI BUT she was let out about 3 hours later. So the next morning we when down to where the Vehicles were towed and hers was gone we where down there at 8am so we went to the police station to get a copy of the report so we could find out who she was and who her insurance company was . But we had to wait a few days before that was ready for some reason and when we did get it the insurance company that was Mark down was wrong so we called our insurance company to try to find out what to do. We had to hunt down where the car went so we could get the vin # to find out the information. We found out that the insurance company was Travelers so we finally got a hold of them they said they were going to take care of everything I told him that I could not be without a vehicle my husband and I both work and then I have a special needs son with organic brain syndrome and he has to go to doctor appointments all the time . The lady from Travelers said she understood everything and that she would take care of everything she got us set up with rental vehicles I was trying to save them money … I guess I just wasn’t trying to be one of them women who are a pain and demand every thing so I talked my husband into not getting a rental since we thought he’s truck was still drivable. Anyway they didn’t ask me on his truck they said the damage was 1900 they they wrote him a check. Which he is trying to have it fixed and he cannot find anywhere to fix it for under $3,000 but anyway next they were supposed to look at my van and tell me if it was totaled or not it took them a week to do it . when they did they totaled it out and said they would send me a check for 2500 and then told me that I had to have the rental back on the 27th of September. Which would have been fine if I would have been able to get the check for my van so I could get another vehicle which I’m not going to find anything even okay for 2500 but whatever . I tried to get ahold of them and even went above that girl’s head to her manager to see if they could pay for the rental at least up until October 4th cuz I do not have money to pay for it and I have to have a vehicle and she emailed me back and told me that they only pay up to 17 days and there’s nothing more that they could do for me and that’s it. I’ve already lost my job one of my son’s doctor’s appointments I had to cancel and now I cannot take him there again I’m so stressed out my husband just had surgery it’s one thing after another I swear I’m having a mental breakdown… Please help me ….what do I do ??
Hi Deanna, I am sorry to hear how bad your situation is. The answer for you is very simple. You should sue the lady yourself in county court in your area. It will take some time to figure out the forms you need, and how to file the suit and get the drunk lady served with papers. Then you explain all of this to a judge, and he will make sure you get fully compensated. Good luck with your case.
Hi Mr. Powell my name is Marianne. I live in Texas. I was rear ended by a young man driving his moms fully covered car but he was not on the policy. I have left several messages with the mother’s insurance company and all response i get is its pending. There was no injuries to me or my family. What should i do. Im pretty sure they are trying to wait this out.
Hi Marianne, I suggest you get the help of a lawyer. Contact a board certified civil trial lawyer in your area. Don’t let them jerk you around. Good Luck.
Ins company whose insured allowed her drunk uncle to drive and hit my car say my claim is denied. They say they have a sworn statement (EUO) from their insured that the vehicle was sold prior to hitting me; therefore they are not responsible. A sworn statement? How do I prove their assertion?
Raymond, go purchase a Certified Copy of the motor vehicle title history. This will tell you exactly when the vehicle was sold. You may find out that they did not transfer the title until after the crash. This will give you some leverage to get them to pay for the damages. And, or also make sure you speak to the prosecuting attorney and ask them to include as part of the DUI case, the restitution to fix your car. Good luck.
My car was hit while parked in front of my house, the police determined the other driver was to blame, after two months, the insurance company accepted liability 100 %. They are however refusing to pay for an air ticket i bought as a result of the loss of my car usage. I had to travel a week after the accident and the Police advised i do not drive at night or on the highway because my head light was damaged. The insurance company is saying they can only pay for car rental. It was cheaper for me to fly for one week than rent a car for one week after the accident, I also could not secure rental from my local area at that time., but they say they will not pay for the ticket irrespective of the circumstances. Can i sue the insurance company for the air ticket incurred?
Hi Henry, yes, you can sue, and if the judge or jury thinks what you did was reasonable, you will be paid back the cost of your transportation.
Hello, at my old car insurance ends at 11/15. By the time of 10:50 pm 11/15 I brought new insurance with a new company and got the policy email with the 11/15 as effect day, but after 30 minutes my car lost a wheel while turning and I go off road and damage my own vehicle. The new insurance said they will not pay me even I got the police citation record the accident happened at 11:27 as failed to avoid the collision. And I can’t find a property attorney to take the case in Tempe, AZ, what should I do? Thank you
Hi Tianbo,
I am sorry to hear about what happened to your car and the insurance issue. You might have to file suit against your own insurance company to get them to pay your loss. It just does not make sense for an attorney to take your case because the attorney fees might be more than the claim.
Hi Matt,
Please help advise the best thing to do. This lady backed up and hit our van and caused a damaged on our auto sliding door that was accessed to cost between $1500 to $2000 to repair. The Geico adjuster who is the lady’s insured company accessed the damage, only gave $400 and stated that’s all he’s able to visually see the damage’s worth. He advise us to take it to the shop and pay with the $400 they gave and if cost is more they will handle it afterwards. I just want a clean settlement. What are my options? I feel like they are just cutting corners and not wanting to payout their actual damage cost their client caused.
thank you!
Hi Sophy,
Your choices are to keep dealing with Geico, in such a way as they will pay part of the damages, and then maybe more if there is internal damage. Or, just sue the at fault driver directly for the full amount you are seeking. To be practical, suit is not a good choice. I also suggest you have the repairs made at a shop you choose and like. Good luck with dealing with Geico. Matt
My wife was backing up in a parking lot when a truck with a trailer parked directly behind her, blocking 4 vehicles in their spaces. My wife’s suburban was damaged from the trailer.y wife called the police. The sheriff gave the truck driver a ticket for improper parking. My wife was told his insurance will pay for damages. One week later after we took suburban to shop and got a rental the insurance company says the will only cover 30% of bills. Should we sue the insurance company or the driver?
Hi Charles, if you are in Florida, you should sue the driver and the owner of the truck that caused the damages. Good luck, and go get them. Matt
Hi Matt
here’s my situation.
december 3rd, guy falls asleep at the wheel, crashes in to my truck. admits he was at fault. he is cited.
His insurance passes the work on to ESIS, a thrid party adjuster, and they send out someone to appraise the damage. the ygive an estimate with a sheet describing damage. I take it to a body shop along with the sheet going over the damage and what they are willing to pay for it.
Insurance sends me check for the cost of the work at the shop (~4600) so i can pay them once the job is done
end of january, they call and say the notice there’s a part that the truck still needs that they didn’t see before, so they have to get the OK from insurance company before ordering. Company OKs it.
Two weeks later, they notice that the frame is actually damaged, aka, truck is totaled. insurance asks me if i want to keep it. I say no, I want payment so i can replace it. They tell me I have to return the rental they gave me, that they will pay out 50% immediately as a check (since i already have 4600, they will send the difference to make up for the 50%). And once i sign my title over to them, they will overnight the rest.
I argue that i should be able to ahve the rental for a week or so after i receive final payment because i need a truck for work and to be able to find a replacement truck.
I sign my title over to them. Have no transportation. walk to work. ask them constantly what’s going on with my payment, that it’s not been sent as promised. not even the rest of the first 50%. it’s been 7 maybe 8 weeks now since i signed the title over to them. FIrst time when i called them out for the unusually long wait, they said it was a glitch because everybody is working from home so things are a little delayed. but when i pointed out 5 weeks later that it felt like maybe they were just trying to not pay me, they said that it was because they needed approval from the bank for this new amount. 14 days ago, a thursday or friday, i told them i would seek out counsel for litigation if i don’t get proof of payment by the upcoming monday. 10 days ago, they told me that it got approval and that funds just needed to be transferred to the right department so they can issue it to me, but assured me that department is really fast so i dropped the idea of litigation. Here we are, 10 days and two ignored emails later, no money, no answers.
Can we sue them for the time i’m wasting walking two and from work, the time i spend trying to reach out to them to pay me back, the grief and and anxiety of wondering how i’ll get to and from work, and having to walk to work with the fear of getting sick by being out and around people? And just so i can get the money they owe me for my truck?
Sorry to hear about your problem with a sleeping driver. If you want action, you may need to file suit against the at fault driver, and the owner of the vehicle that damaged your vehicle. Unfortunately, it does not make sense to hire an attorney to sue for the property damages because, after the attorney fees, you won’t have enough money to fix your vehicle. However, if you were injured in the crash, then it is worthwhile for you and your attorney to bring a claim for all of your damages including lost wages, loss of use of your vehicle, etc.
Hi i was hit in the passenger door , the lady didnt see me i was in her blind spot . I have full coverage me and my daughther got hurt, we got a hold of an attorney and he sent us to the chriropractor for 36 visits each , 3 times a week . The same day of the accident my daugther went to the ER because of back pain , doctors said she had back pain because of the accident but nothing broken. Our attorney sends a demand letter to their insurance (Geico) and we get a letter back saying that our injuries were not from the accident . 2 months ago a investigator from Geico came to take pictures and mesurments for my vehicle she was at it for 1 hr , she told me that everything looks good for me . My attorney wants to talk to me about filing a lawsuit is worth it , my question is if he dosent want to go ahead , can i get someoulse because i will be left with the chriropractor bill and his fees , i signed a paper saying if we loose i get stuck with the bill , but he also said that it was very rare. Help from Reno NV thank you !!!!
Hi Carlos,
If your attorney is willing to fight for you, I suggest you let him file suit. Otherwise, you will be stuck with the medical bills and repairs to your car. They probably don’t want to pay because they think you can’t get hurt in a side swipe type of collision.
Hi Matt,
Thank you for taking the time to help all the people in your comment section! So here’s my problem.
1.) another driver ran a stop sign causing me to crash into her.
2.) she admitted to and was cited
3.) after the adjuster and body shop calculated ~$3800 to repair
4.) her insurance company says they have approved payment and says give the “green light” for body shop to begin.-“payment is on the way” they say.
5. 2 weeks later… Body shop says they have not received payment.
6. Her Insurance company gives excuse after excuse and delay.-no payment.
I only had liability insurance on the damaged vehicle. Now I have a half-repaired vehicle and am unable to get anywhere with her insurance claims dept. What would be your suggestion?
Thanks again,
Jeremy
My suggestion is to file suit against the bad driver. Her insurance company will have to pay to defend her, and pay to fix your car. They will likely move faster and pay you to stop the expense of defending the suit. I suggest you hire an attorney in your area.
Hi Matt,
My question is in regards to what my rights are after we have agreed on a settlement.
I was involved in an accident where I was rear-ended buy a progressive insured driver. He took off after the accident as we were pulling over but a Good Samaritan chased him down and got his license plate. We gave the information to CHP who went to his house and wrote a report. Progressive was pretty quick at paying for my car repair and settling with my passenger I know I should hire a lawyer but I had to leave town so I settled with them and in the settlement contract it was written that they would pay up to $1,000 in medical costs. I had $965 of chiropractic care to fix my neck now the insurance company won’t pay the chiropractor. Can I sue for what’s in the settlement agreement?
Hi Julie,
Yes, you can sue and make them pay the medical bills. Or, you can say they breached the settlement agreement, and sue them for all of your injuries and medical bills. Good luck to you, I hope you feel better too.
Hi Matt,
Can my insurance company write a check and then cancelled it. I’ve been driving my son car because he no longer has license. I insured the car thru Progressive in Atlanta and had a accident (hit and run) in Colorado. I did not report the accident right away due to serious medical emergency and reported the accident 30 plus day later with Colorado police via email which i received a report. I file a claim with Progressive the same day. I was told by an agent to drop the car off at their preferred shop and to pay my $500 deductible. I was in Atlanta at the time so I stated that I could send picture of the damages until I could get someone to drive the car to the location. The adjuster looked over the car at the shop and I received the estimates, so I’m thinking things are going well. a week later i receive a call from a representative that a investigation is under way and she would not state why and I don’t know til this day. I waited and waited on the outcome/update/statue of my son’s car and was told that they will not repair my car because for one the car is in his name; two the time frame of reporting the accident; with this said the car has been dissemble and parts was orders and the shop owner is pissed and will not release my car until someone pays for the parts. The shop owner call Progressive and they stated that’s not their problem. How do I get my car back, he said that he will put it back like he found it which is fine, but I will have to pay for the parts which are still in boxes, before he release my son car. Help
Sorry to hear about this mess. However, most insurance policies require you to call the police within a few days of a hit and run accident. And you probably were required to report the accident to Progressive within a short time frame as well. They are likely denying your claim due to the fact they could not investigate this crash since so much time went by. I wish I had a more favorable answer, but I think you better pay the car repair shop to get your son’s car back.
I ran over a Boulder in the middle of the street. I tried to avoid it but my left tire ran up onto the Boulder and when it got under my car it ripped my driveshaft lose and put a hole in my transmission my insurance company refuses to pay because their wasnt any structural damage to car itself
I suggest you file suit for your damages. Read your insurance policy, and I bet you that your policy does not limit damages to “structural damages.”
hI Matt.
my car was stolen from my driveway while i was negotiating with the finance company on modifying my payments witch it was taking months but i was not driving the car at the time and i had just put it back on insurance and was getting ready to drive it when it was stolen now i feel im being treated like i had something to do with it.. im very frustrated i feel like paying this car off my self so i wont have the headache and solve it between the finance company and myself since they and myself are the victims here not the insurance company.. would like your opinion tahnk you.
Sorry about your loss. If you can pay off your car, and protect your credit, that would be a good idea. And then sue your own insurance company for the loss. They are probably jerking you around because they are suspicious since you were trying to re-finance the car, and it was stolen.
Matt! PLEASE HELP MY FAMILY! We are new to NC with no friends or family her to help. I have a new born son (4days old) and a 2 year old daughter. We are going to loose everything over this accident… Our home our… business…. and our vehicle… We are leasing a 2012 Honda Odyssey for 16000$, I have full coverage and comprehensive collision as required by the lessor. I hit a deer 3 days ago, photographed and contacted insurance immediately. I was given a claim number and was told an adjuster would come to asses damages and get an estimate together on my vehicle. After days and several calls back and forth being told something different each time from the assigned adjuster they are still leaving us hanging over a “glitch” in their system…
My Initial contact with assigned adjuster after claims (2days after collision)
-“I can’t locate your policy give me a couple hours to locate it”
( I had to return call hours after no response and have my agent call and verify my policy and claim number for the adjuster)
-I then stated that I had a job scheduled today with a few hundred dollar pay out that I cannot cancel/reschedule and I asked about the rental car granted on my policy she stated;
“We have to have an estimate in before we can grant your rental, and we can’t send an adjuster to your home due to the corona virus( which is who I was waiting on for 2 days).
-I called my leasing company and they said that all Vehicles leased through them must go to the same body shop and gave me the address to give to my adjuster since I also had 150mile towing package.
– contacted my adjuster again and she said “she can’t send for a tow to said location because she can’t get my policy to “attach to my claim” (whatever that means
– I contacted my agent and the 1800# for claims and they both said that they are looking at the claim attached to my policy as we were speaking.
– I contacted the adjuster again and stressed the fact that this was our family’s only vehicle and I have a son less than 5 days old who needs to get to the doctors and I have to get to work, stating I missed my job today and I might miss my next client tomorrow, she then stated that she is very sorry and she hates to leave me In this predicament but even If she could get the vehicle towed to the body shop that the estimate would no longer be enough to get a rental, That now the estimate has to be in and every part needed had to be ordered and delivered (with proof of delivery) to the auto body Shop before a rental will be granted, and that I could get the vehicle towed out of pocket but there will be no promise of repayment. So I asked her if I am to be without a vehicle for anywhere from a week to a month or longer if they can’t get the parts for my vehicle and she said she was sorry but yes.”
-she asked if I could get pictures of the accident and send them to her which I had already done to the email link she provided. She swore she never received them and then said that I need to send it again and this time take pictures of my mileage and also the Vin number on the dash of my vehicle or else it wouldn’t have been accepted anyways. I sent this to her again this time with the VIN & Odometer pictures. I contacted her back in about 45 minutes after still hearing nothing and was told that no emails have come through their server and that it can sometimes take hours for that as well.
– I then called the customer service line and was told that I need to contact claims and asked to speak with her supervisor. This time when I called the 1800 claims number I was told that the reason I’m not getting help from them right now is because there was a glitch in their computer system That happened during the Small window of time when I called and filed my claim, and that’s the reason why she wasn’t able to “attach my policy to the claim“. I asked if they knew when this would be fixed and she said she had no idea and the only person who would know would be her supervisor??? I tried to contact her direct supervisor and received nothing back. Upon further investigation of my paperwork that was signed and given to me when I purchased insurance they had left my declaration page blank with very little to no data on my whole policy page. I tried to look online In my policy paperwork, to my dismay it was even more vague with very little description of anything other than that my coverage does provide a rental vehicle up to 30$ a day and does provide the tow package up to 150 miles WITH NO DEDUCTIBLE DOWN. Only 250$ deductible on collision. I’m now going to miss out on a schedule $1200 job starting Thursday and ending Saturday as well as completion of a $2400 job that was already started. Me and my wife have gone to work for ourselves since the coronavirus hit and are barley making it. We have a toddler and a new born, and this is destroying our reputation of reliability and trustworthiness with our clients that we are just now accumulating. So our loss is very large right now on. We have zero family in North Carolina and this is our only means of transportation, there is no bus or taxi or even Uber/Lyft where we live.
If we can’t work then we have no food or diapers for our children we won’t be able to pay our lessor for the car and we will not be able to pay insurance or our rent that is due next week. With the best coverage plan NGI offers That we were told would cover all these things is now not covering anything for us due to this “glitch” in there system, does this constitute as anything trial worthy or are we just S.O.L and bound for homelessness?
Thank you for your time to read this if you do, we need a miracle right now as if times weren’t hard enough with the virus running rampant, now the insurance company is trying to tear us down when we are on our last leg… I don’t know what else to do at this point and I found your page durning my google search…
Please hire an attorney in your area to bring a suit against your own insurance company. If you had collision coverage on your policy, they should pay for the damages, as well as the consequential loses suffered by their delay.
Hello. I have an issue with property damage, no injury involved. A Transportation company damaged my truck while in transit, I had just purchased the truck from a dealer and truck was being transported to me. I filed a claim with the transportation cargo insurance. They dropped my vehicle on the floor with a forklift. There’s no question for who’s at fault. But they are giving me a run around because I had just purchased the vehicle, it was not yet titled or registered to me. It’s been almost 2 month and they are still investigating ownership of the truck, giving me a run around. I paid $16k for the tru k with a salvage title and a little bit of damage to the front passenger side. The truck dropped on the ground on its driver side, and is now another total loss, will cost more than $20k to repair. They haven’t come up with an offer yet. What should I do? Getting a hold of them is very hard and I have read reviews that they tend to give people a hard time to pay for claims.
Hi Marceli,
I suggest you hire an attorney and sue the company that damaged your truck. Even though you may not have had perfect title to the vehicle, you certainly had equitable title, and that gives you standing to sue them. Good luck.
Hello Matt
Two months ago I got in to an accident (at Fault) due to the rain, my car was declared total loss by my insurance company.
I have been after the insurance company to issue payment to the bank. The bank just sent me a letter “Cure Default and Requirement of Strict Compliance” for not payment when I contacted the insurance agent total loss division he indicated that I have to contact the salvage division. I been given the run around, my credit is getting ruined and no intention of payment any time soon.
Can I sue the insurance company for not complying?
Hope to hear from you soon
Hi Ingrid. Yes, you need to hire an attorney and file suit against your own insurance company for their breaching their contract with you.
Hi,
my wife’s got hit by a truck and some repairs were needed. Our insurer was great, they took care of everything and sorted the rental vehicle. When the car went into the garage, the lockdown happened, so we had to keep the rented car for around two months, until her car was repaired. She has arthritis rheumatoid, so she really needs the car for basic things like doing the essentials shopping.
The at fault driver’s insurer are now not willing to pay the rental, and Enterprise are asking us questions. Should I be worried about them trying to get the money from us? The at fault insurer also sent us a letter, that we ignored and did not reply as instructed by our own insurer. Did we do wrong here?
Thanks a lot in advance.
Interesting question. The correct legal answer is the at fault person should pay for the rental car. However, they will likely refuse. You will likely have to sue them for the amount you owe Enterprise.
PIease help me..urgent advise. My husband second driver on my policy was involved in car accidant a week ago colladed with4 cars he was the 5th driver ..He was injured ended up in ambulance..after putting claim through due to a driving ban in 2018 which was misunderstood .Although l provided all claims within 5 years.. They are trying to void my insurance policy & not pay out..They have classed my car as rightoff in their dalvage yard… What am l going to do…
I suggest you speak to your insurance agent. Also, don’t cash any checks your insurance company may send to you without the advice of a lawyer in your state.
Hi Matt,
This is a great article. I am finding myself in a terrible situation. I got laid off a couple months ago due to covid and have been struggling financially since. Luckily, my Subaru was paid off and I paid the insurance for 6 months in advance so even though I didn’t have much at least I had my car sorted. About two weeks ago a friend of mine asked if he could borrow my car to run a quick errand. I looked at my policy and it said it was ok to let someone borrow my vehicle as long as they were licensed. He was so I gave him the OK. Well, about an hour later he calls me to say something was wrong with the car and he thought it was the battery and took it upon himself to replace it. Stupid. I had just replaced that battery 2 weeks before and even had a warranty on it which he voided as soon as he decided to remove it. Anyway, he then explains that there was some leak happening and he wasn’t sure how to fix it. I immediately directed him to stop driving and stay with the car while I called a tow. I get a call about 10 mins later from the tow company. The man said no one was with the car and he asked if I knew about the damage on the side of my car. I DID NOT. He sent me a photo and it was a series of big white gashes from the back door going over the wheel area. The man then said he would not tow it due to liability. I couldn’t get in touch with my “friend” and I had no idea where my car was even at. Now I would have gotten an Uber and searched for it but my accounts were frozen due to fraudulent charges so I had no financial means of even getting to my vehicle. Finally my friend shows up at my house and gives me my keys. He swore my car was safely parked in a public park parking lot and he would figure out how to get it to his uncle’s repair shop. I am 30 years old and have never had anything happen to a car before that was worse than a battery dying or a windshield cracking. I trusted that he was telling me the truth and wow was I wrong. This guy ended up being the person that was stealing money from my bank account and when I confronted him he disappeared and wouldn’t respond to my begging of him to tell me where my car was at. I am pretty new to Texas and don’t know anyone with a car for me to have asked for a ride and with no access to my money I couldn’t get a rideshare. All I felt like I could do was wait because in my mind it was my fault for letting him borrow it. Finally the police got it just this past Friday. Another impound took it in because there was no report made for the police to take it. It was abandoned by him on the side of a road so he lied about where he left it but still, I was so relieved. That Monday my accounts were released so I got to the impound and they said they would bring it to my dealership for me. While they were doing paperwork I went out to the yard to see if it would start. I was in utter shock. The inside of my car was destroyed. My glovebox had been ransacked, there was empty drink and food containers, it was disgusting. This guy I thought was my friend only had my car for like 3 hours I couldn’t understand how he messed up my car so intensely. There was also a gas can on the passenger side. He never mentioned anything about running out of gas. The car wouldn’t start and we went on our way to the Subaru dealership. I paid $500 to get it out of there and to the repair shop. I figured maybe I would have to pay another $300 to $400 to fix something simple. The man comes out to me and explains that my car that had been in perfect condition was TOTALED. I had a panic attack. He said the coolant had leaked to the point of empty and the guy just kept driving causing the motor to overheat to the point of no repair. This guy that I thought was a friend not only stole money from me, he destroyed the only thing I had. Everyone told me to call the insurance but I don’t know if I should. I feel like they will say since I let him use it that it’s my fault. Also I don’t know exactly what happened so I wouldn’t even know how to figure out what to fight for coverage over. The car obviously was in a slight accident you can tell by the damage to the side. The repair man said the thing is that that accident could have caused the original leak and they would be responsible for that cost but there is no way to tell because the guy I lent it to is nowhere to be found to ask about it. Sorry this is so long, it’s just a very frustrating story. My question(s) are this: Is it worth even filing a claim with my insurance? And this question might not really be your area of expertise but should I/could I file a report with the police for what this guy did to my perfect condition car or will they write me off since I let him borrow it? I have nothing now. He took my money and what I had left I spent getting the car to the shop just to be told it was totaled. I’m still unemployed so I will not be able to get another car in the foreseeable future. Luckily my insurance did cover a rental but I can’t keep it for too long. I know I shouldn’t have trusted him but I was trying to be nice and I checked the policy first to make sure it was ok. I couldn’t have imagined in my wildest dreams it would end up like this. What should I do? Or is there even anything I can do?
Thank you for your time.
-Christina
Hi Christina,
At this point, you have nothing to loose by calling your insurance company and making a claim. Your car was stolen under false pretenses. You called the police. So, under most car insurance policies, your losses are covered. Sorry this got so out of control. Good luck to you. I hope the insurance company goes after this creep to get their money back. Or maybe the police will make an arrest.
Hi Matt, I dingy know what motivated you to talk about what no one dares to do but you must have big cojones. NO Disrespect Sir.I want file a law suit on my own cannot trust anyone here, it’s going to be against my own insurance company. We had full coverage, Comp & Collison, Uninsured & Underinsured, and they did nothing for us. COVID 19 stopped us from seeking medical attention specially because we are a family of disabilities. The lies my own insurance co has said and done are ridiculous. My son was hit from behind our car was totaled and the other driver was at fault. My son was driving with his four yr old sister. When I realized how depressed my sin and daughter were and how scared they are as well as loosing so much sleep it was too late to call an attorney. I am shocked at my insurance company. IT’S UNBELIEVABLE What advise can you give me?
Hi Dannielle,
I don’t think it is too late to call an attorney. Every state has different time limits to bring a claim. And the shortest time limit for a negligence claim in a few states is 1 year. And there is usually more time to bring an uninsured motorist claim. My suggestion is for you to call an attorney on Monday. If you don’t get anywhere, call my office and I will try to find an attorney in your area who might take your case.
Paying my monthly car insurance as normal , even during covid 19. Was told by geico that we where credited money to our account so we won’t have to pay for a couple of months. Sounded werd to me about the credit. Next month they ask for payment an pay them. An every month as normal. Then august hits an they say we own for five months. Told them I have the bank statements to prove I’ve been paying. The amount they ask for was my total for one year. they Then told me they would Settle for half that amount with is my Premium. I ask them where are they getting this . They said it what on the account . I ask them what happen to the credit that was added to my account . They return by referring me to manger to manger. Then they tell me That I.T. was looking at it an their something wrong with our account an they can’t fix it. But we own this money an they can’t tell me from where. Call an call an they can’t tell me if the issue was fix, beside saying we didn’t pay for five months ? But my bank statement show that I have . What to do? From 4K to settle of 2k, no answer from them to fixing the issue . Pay us or get flag on your License which will jump to $1600 in a wk after it send to the state on cancellation day.
Hi Eric,
What you are saying does not make any sense. I suspect you might be a victim of a scam. Check directly with Geico. And contact law enforcement.
Hi,
My daughter was on her way to work and another driver turned in front of her into his driveway. My daughter jammed the brakes, but still hit the side of his car. The police came and did the report which shows the other driver at fault. Our claim for very minor damages has been denied as Progressive feels that my daughter did not do enough to avoid the wreck. They state that a police report is hearsay, and that as he almost made it into his drive, it is not his fault. Someone recommended small claims court. Is this a good idea? And do I sue the driver or thr insurance company?
Hi M Joiner. Yes, if you can’t get any satisfaction, file suit in small claims court. But do your homework, and be prepared to face an attorney. There are a lot of books you can find that will help you file your suit in small claims court, and explain how to show the judge your evidence. Good Luck! Matt
Hello Matt
Someone did a hit and run on my car which I thought was a minor damage on the quater panel. I took the car to my desired shop and at first they had a lower estimate and then when they started doing work on the car they found that it’d be expensive so the shop wrote another estimate but my insurance refused to accept their estimate and the body shop refused to negotiate with the insurance. I was stuck going between the two because neither would work with the other. The only option left was to tow the car to the insurance recommended shop so they could finish the repairs at the estimates written by the insurance. But the insurance wouldn’t pay the shop the full amount for the work done thus far, they stated that since I chose that shop it’s my responsibility to pay all the difference and all the storage fees and they would only pay the market labor rates. They stated that the shop was hard to work with. So I ended up paying all the difference which was quite a lot and the insurance only paid a small amount. Mind you the repairs aren’t even done and the car still needs to be towed to the other body shop. I guess my question is, can insurance do this where they make their customer pay the shop? And can I file a law suit or a small court claim complaint so I can get my money back from the insurance? What would you suggest please? This was such a frustrating process and It just seems quite unfair that I had to pay the shop, the insurance took me through hoops and delayed the whole process while my car sat there accumulating storage fees that I had to pay. Thank you!
Hi Queen. Your question is a common one. What are your rights? How do you get your own insurance company to pay? It depends on a few things. First what state are you in. You might contact the State Insurance Commissioner and ask them what forms you need to fill out a complaint. Some states like Florida have an online portal. Second, send a written letter to your own insurance company and tell them exactly what they owe you. Third, consider hiring a Property Loss attorney in you state. Then file suit against them in small claims court. But you probably want a lawyer to help you. And in most states, if you win, the insurance company has to pay your attorney fees on top of the damages they owe you. This is a complicated process, but you are headed in the right direction.
Finally someone who speaks the truth! I was rear ended while attempting to parallel park into a curb side parking space. I was at a rolling speed of approximately 5mph while I’m aiming to position my car parallel to a parked car about 3 spaces in front of the empty parking space. I’m at a complete stop for 2 seconds. This is on a fairly busy street with two lanes in both directions during evening rush hour. Seeing a big enough gap between cars behind me I begin to reverse and was hit within a second. My car moved back about 2 feet from the stopped position.
The Collision officer reported me as the only negligible party, citing unsafe backing as the cause.
Had I remained in stopped position, liability would have been clearly on the driver who rear ended me but as is her insurance is refusing all liability and we filed a law suit.
There are photos and black box data that would show my reasonable and safe driving leading up to the accident.
My stopped car and indicator was visible to oncoming traffic for long enough for me to reasonably assume that cars behind can react by slowing down or passing me.
This driver was clearly negligent. The insurance is refusing all liability based on the fact that I reversed.
If that is true, it would follow that had I stayed stopped, the accident would have been avoided. If she hit my car because she was unable to stop in time, she would have clearly also hit my car straight on when it was stopped two feet ahead.
Everyone from my Insurance to my PI attorney and to defense insurance attorney – no body has argued and presented evidence to make a case and settle.
Nobody has spoken to witnesses or even looked into the black box data, a year later there has been no clear argument made for her negligence.
I’m not an attorney, but I don’t understand why my side isn’t presenting all the evidence to make this a clear case of being rear ended by a driver going to fast and being too distracted to respond to common traffic events.
I’m not getting any answers from my attorney provided by my insurance. She seems under prepared and without any strategic plan.
I can’t get any assessment from her from a legal perspective either.
I’ve recently had a deposition and was told that this would be for them to assess if they want to go to trial.
After reading your information I think this might be a stalling strategy. It don’t see why they believe they have a strong case other than them not having been presented with the same evidence that I have.
I have been pushing to get this settled one way or another so I can be done, but now I think trial might work in my favor.
I’m in California by the way.
Thoughts?
Thanks for being direct and honest.
Melanie Jacobs
Hi Melanie,
I do think that common sense is on your side. I suggest you write a letter to your own lawyer and tell them you want this claim paid, and you want this litigation over. Ask them to send you copies of every demand letter that has been sent to them. Ask your own insurance company to give you a list of every offer they have made to settle your case. You might need to file a counter claim for the damages to you and your vehicle. You might want to hire an independent lawyer to assist you and explain your rights. Good luck with you case.
we had full coverage with progressive and did not get the car rental insurance when we rented a vehicle for a trip, the car insurance was in my sons name as the rental was in his name as well. My son was delayed on going with us on trip after we rented vehicle so he gave my boyfriend permission to drive the rental. He fell asleep at the wheel and we crashed the car. Progressive refused to pay because they said that we didnt need to rent a car for the trip because our car was not out of service. we all lived in the same home together and my son had a car and we rented a van because we had animals with us and they wouldnt fit in his car and his car was also recalled and we hadnt taken it in to be checked so it was safer for us to rental the van and we needed the room for the pets. They wouldnt pay for the accident. any advice for me….the accident happened in california. I lost almost all my belongings in water or were water damaged. I was hurt and bruised and had to stay in bed for over a week. It was horrible. can you please help or give me some advice ….thank you
Hi Eva. I suggest you get a copy of your policy and read it. I suspect you will find there is coverage when you rent a car. Also, if your boyfriend has car insurance of his own, or through your family, his car insurance should pay for the damages caused to the rental car. Contact a lawyer in California to find out your rights.
Hi my boyfriend was involved in a hit and run. A guy ran a red light and t-boned my boyfriend. He suffered major injuries, a traumatic brain injury, broken pelvis, and broken bone in his neck. He’s recovering well now, but we are having problems with the driver. He was driving his girlfriend’s mom’s car and they all claim he didn’t have permission to drive the car and it looks like the insurance company isn’t going to pay out. He will only receive money from his own insurance policy which will not cover half of his medical bills. The driver also does not have any insurance and it doesn’t look like he’s really going to have much money to give if we sue him. We have a lawyer, but he seems not very positive about the situation. Can we sue the insurance company for believing that he didn’t have permission to drive the car? is there any way to prove that he DID have permission to drive the car?
I suggest you ask your lawyer to file a suit and depose the driver, and the owner and find out what is really going on. You might find out that the driver was working, or was running an errand for someone and find there is some, or more insurance. I call this an Investigatory Lawsuit. Good luck to your boyfriend.
Question: I was on my husbands insurance. I was hit by another driver, I was sent to hospital. Other driver, left on her own. When my husband called the insurance company, they said that we were not covered. They stated that the policy was cancelled because they never received a signed updated policy for renewal. My husband states that he never got an email or anything stating that he was sent anything to sign. Monthly payments were automatic from bank account. Accident happened 29 days from last payment. We both tried to have the information given to us regarding what day they sent the paperwork, etc- they have not sent it and it has been since last year 2019. They say that they cannot talk to us because we do not have a policy. My car was totaled, Hospital bills, PT for myself, and today was sent a letter that my license is suspended and I will need to pay the person who was a fault’s insurance company 32,000. I don’t have it. I don’t have job so what do you think? I have been told that when a new policy is coming up, they keep you on the old policy until they get a signed doc. I was given a ticket, but was dismissed by court as I was not at fault.
Hi Faith,
I suggest you file a complaint with your insurance commissioner. Then file suit against your insurance company. You have a good case. Good luck.
Matt,
My son had an accident on July 31. The other driver turned left in front of him and he collided with her in the back passenger door. After waiting 2 weeks for the police report, the report stated that my son rear-ended the other car. I called and left a voicemail to the responding officer asking him to view the damages to the vehicles stating that the vehicle my son collided with has no damage to the rear of the car. The tail light assemblies on both sides of the car are still intact. The officer called me back 5 days later and said that he had the report wrong and would amend his report to show that the other driver was driving toward my son and turned left in front of him. We were able to pick up the correct police report on August 24, nearly one month after the accident. I might add that the other driver called my son the next day asking if he was alright and stating that she thought she had enough time to make the turn. She then called back later and stated the accident was his fault and was going to sue him.
My son was diagnosed with whip lash and a concussion after the accident. He had an MRI of his head performed and a CT scan of his abdomen. The Dr. feared be might have internal bleeding from the seatbelt. He is still being treated by a Chiropractor for his whip lash. I have hired an attorney for his personal injuries.
The insurance company of the at fault driver has made me an offer on the vehicle my son was driving as it was deemed a total loss. The offer that they have made me for the car is $3400. This is a 2009 Camry with 240k on it. The engine was rebuilt at 190k because of a recall from Toyota and I missed the recall and had to repair the vehicle at my expense.
The problem is, the insurance company are sending comps that they have no way of knowing if the vehicles have had the recall corrections made to the engines. All 07-09 Toyota Camrys with a 4 cylinder engines had the same problem. The holes in the pistons behind the oil rings are too small in diameter, causing the holes to get filled with carbon and cause the engines crankcase to pressure up and start either blowing oil into the cylinder and burning it of blowing it out externally. Toyotas normally never consume oil until they have 400,000-500,000 miles on them. The owners of these high oil consumption vehicles either caught the fact that they were using oil as I did, or they did not check their oil level and many owners blew their engines. Toyota fought making this recall for quite some time. You can read about thousands of cases online. Somehow I missed the recall notice when I moved.
The comps the insurance company has sent me likely have the same oil consumption that mine had and I corrected at an expense of $2550. So, saying this, this means that all of the vehicles they have sent as comps have oil consuming engines in them. I’ve asked them to verify that all comps have had the recall work performed and they have told to go pound sand. I guess only recourse for me is to sue the other driver in small claims court. I have completed the required forms and will be filing today. Do you have any advice for me with my case?
Thank you
I suggest you file suit for your damages. Or, sometimes if you write a letter to the insurance company, and you say, hey, rather than pay me, just find a car that is comparable to mine, and give me the car. This way, you don’t care what they paid for the vehicle, so long as it is a fair replacement of yours.
Good luck.
I had an at fault accident in June (minor accident at a gas station where other party was parked and out of the car, nobody was hurt). My insurer GEICO is denying claim to the other party claiming that I didn’t provide them enough info about the accident (lack of cooperation on my part). However I provided all information and photos in their database on the website. Now a lawyer contacted me that they seek the damage reimbursement from me directly since they can’t recover them from my insurer. What should I do to have my insurer actually pay the damages and not me. Thanks.
I suggest you write another letter to GEICO, demanding they defend you for the claim. Then file a complaint with the insurance commissioner, then sue Geico yourself, or get the help of a lawyer to do so. Good luck.
Hi, I live in South Louisiana, and with all the recent hurricanes on the Gulf Coast, I decided a few weeks ago to add comprehensive coverage to my policy. Last week I attended a football game against a rival school, and my car was vandalized. There was a dent in the driver door caused by a pipe which I found laying nearby, as well as several scratches caused by a key or similar sharp object. However, Geico has rejected my claim, saying that they believe the damages existed before I added the new coverage, which is preposterous. What is your recommendation?
Hi Sean,
My advice is to write one more formal letter to your insurance company demanding they pay. Then file a complaint with the Louisiana Insurance Commissioner, then file suit either with a lawyer, or on your own. Good luck.
Hi sir actually my car got stolen and my insurance company told me to provide keys so i provide my keys out of them i dont know they told one of key is fake and so that they decline my claim can you please guide me what can i do so that i can get my claim its very hard to give remaining amount. Please tell me if you have any idea what can i do
I suggest you file a complaint with the insurance commissioner in your state. Send a formal letter to your own insurance company, and demand they pay the loss. And if that does not work, hire an attorney, or file suit yourself against your own insurance company.
Thanks for allowing me to vent . My 750LI BMW 2015 caught fire on The Fourth of July. My husband and I went to Sam’s club to purchase a few things for the Holiday. While driving to the store we smelled smoke . We did not think it was our car because our car was in Excellent condition, according to Peak BMW. . We noticed that there was road construction going on so we assumed it was asphalt. So we preceded to the store about , 3 minutes away . We parked the car my husband locked the car turn around and the car had black smoke coming from the hood . We call the fire department right away. They came out and disconnected the battery. Also made sure everything was under control. We had the car towed to Peak BMW. Where all of the services are done .Keep in mind this day was a Holiday so, we had to wait until Monday. Peak BMW stated after their assessment, that the Fan Blower Failed . We contacted our warranty company first, we were Denied. They said they do not pay for fire. We contacted the Insurance company, we were Denied! They stated, they we don’t pay for shortage of equipment because of fire. Very Frustrated! We are still paying a note on a car we can not use . How is this possible. Help!
Hi Bobbie, please read your car insurance policy. If you purchased comprehensive coverage, your insurance company should pay for the fire loss. They can then turn around and sue the part manufacturer or the Peak BMW dealership. If you have the right coverage, then find a lawyer to sue your own insurance company. Good luck.
Hello,
My vehicle was hit from behind as I was making a left turn to home. In the crash report, the officer cited the individual for failure to control speed. After months of delay, I received a letter from the other driver’s insurance that they denied me any compensation as the driver’s vehicle’s brakes were the cause of the accident and manufacturer, not the driver was not at fault.
I got the run around from the manufacturer and now am taking the driver to small claims court. My vehicle is worth less than $4000 and the costs to rebuild is about $3000. She was appointed a lawyer from what I am assuming is part her insurance. Should I continue to pursue this with my own lawyer? Any advice is appreciated.
Hi James,
It seems like you have taken the right steps. By suing the at fault driver, her insurance company must prove the brake failure was caused by the car manufacturer. I suggest you do get the help of a lawyer on your side.
My insurance adjustor says the underwriters won’t cover my full coverage claim because my 18 Yr. old was driving and not on my insurance. I thought I had added her but didn’t. Anything I can do. Capitol One has my auto loan. How can I negotiate with them to pay the balance and start a new loan?
HI Gerardo,
Sorry to hear about your situation. I would first talk to your insurance agent about why they did not add your child to your policy. And second, you might contact the dealership where you purchased your car and ask them if they will sell you a new car, and finance in the amount you owe to Capital One.
Hi Matt,
I was in an accident a couple weeks ago where my car was hit from behind. We were on a two-lane road during a rainstorm, and went through an area of unexpectedly high water. I was in the left lane, where most of the standing water was and wasn’t able to avoid it in time, but did slow down as much as possible without slamming on my brakes. Went through the puddle, but it kicked up so much water that I lost visibility for a couple seconds. To my knowledge, I remained in my lane and didn’t swerve/drift out, and remained in control of my steering (it was also a straight stretch of road), which I have confirmed later after driving through on another day. Pickup truck on my right tapped me on my back right side while I was coming out of the puddle; no damage to his car but a small dent to mine (my car is driveable; no injuries).
We exchanged info and everything. I attempted to go through his insurance to pay for the repair, to avoid making a claim and paying deductible on my insurance. However, due to the Virginia contributory negligence rule, his insurance is refusing to pay anything because they can’t prove that he was 100% at fault. They claim that he stated that he stayed in his lane. Unfortunately, it seems like it’s his word against mine, because we unfortunately had no witnesses and no police report.
Do I have any recourse/way to fight this, or am I going to have to eat the cost of the repair, even though I was the one that was hit? I have emailed the insurance adjuster to ask for more details about the other driver’s statement, as I don’t understand how they came to the conclusion that he wasn’t at fault. Ironic thing is, next time I went through that same area another time during a rainstorm (I was very careful this time to avoid the high water), the construction company had put up a “high water” sign, so I must not have been the only one who had issues going through there. Thanks for your help!
Hi Christine,
Virginia has very tough laws that say if you are even one percent at fault, you lose. So, it may be hard to find an attorney to help you on a property damage claim only.
I was in an accident (I was at fault) and 2 days later my insurance company dropped my policy without any notice! At the time of the accident, I had contacted my insurance and even have a claim number. They claim they sent 3 policy cancellation letters, all of which mysteriously never arrived at my house. They also have no record of the letters being sent out, just their word that they were mailed. Now, they are claiming that even though I had a full coverage policy, they will not be responsible for any damages to my car or the person I hit. Their excuse- “pictures were not good enough quality”. They told me that the 1st time I sent the pictures so I resent better ones and got a verbal over the phone that they were good but now the insurance company says that “there is no record of us telling you the pictures would be fine for the claim”. According to the other person’s insurance, the pictures WERE good and now that insurance is trying to contact mine. What should I do???
Hi Katie,
You should document everything in writing, and not rely upon phone calls. Also, hire a good lawyer in your area that will fight to provide your coverage. In Florida, when your attorney wins the coverage part of your case, they will be paid by your insurance company. Good luck. Matt
I had an accident late last year caused by two drivers.The very one that hit me was coming with full speed while the second person was trying to make a quick exit before missing it.Instead of making sure the lane was clear to make the exit, the second driver crossed the gore really quick and left the drunk driver no choice than to swerve into me.I had a slightly bulging disc and went for therapy and injections for pain.The drunk driver insurance company paid for the damages on my car as well as the medical but the medical bill was too high and had to go after the other drivers insurance company who has refused to pay.Do you think suing the second driver will be productive? Knowing fully well that crossing a gore is illegal.
Hi Victor, you have a choice of whether to sue one of the drivers or both. If you sue only one of the drivers, they will likely blame the other driver that you did not sue. If, however, you sue both of them, then they will point the blame at each other. I suggest you discuss this strategy with your lawyer. Most of the time, we have to sue both drivers. Good luck with your case. Matt
Hi, we had been threatened to be sued by the person that causes the accident, police determined they were at fault, an arbitrary third party determined it was their fault, the insurance said they wont pay anything and their attorney said they will come after us. what should we do?
Hi Juan,
Once you have notified your insurance company you have done all that you can do. If and when you are sued, let your insurance company know immediately. You want your insurance company to defend the claim, even though it may be a frivolous claim. You can’t stop a frivolous claim, however, you can make sure your insurance company protects your rights. Good luck.
Hello and thank you fit your article. I was in an accident back on April 2016. The insurance company paid for the total loss of my car but withheld a considerable amount because they needed the title of the car. Due to
Personal reasons I wasn’t able to send in the title. I called them last year and they advised that I could still send in the title to prove that the car was paid off and that I can still get the remainder of the total loss value because there was a six year statute. However, I unfortunately did not send it in because I was in a domestic violence situation so I didn’t have the title of the car. Now that I do they told me that they have to research it further and that the 6 years statute of limitations only applies to personal/body injury. What do you advice? Thank you.
Sorry I forgot to mention
That this is the state of NJ. Thank you again.
Sorry I forgot to mention
That this is the state of NJ. Thank you again.
Hi Jacqueline,
The statute of limitations is important. and a breach of contract is a 6 year time limit. So, you must either resolve your matter before the time limit expires. Or, you have to file a suit before it expires and this will keep your claim alive. Good luck with your claim. If you need help, you can order my book on Amazon https://www.amazon.com/Insurance-Company-Refuses-Step-Step/dp/B08P8C297T/ref=sr_1_1?dchild=1&keywords=What+to+do+when+the+insurance+company+refuses+to+pay&qid=1612627476&s=books&sr=1-1 and it will guide you through the process. Good luck. Matt
Fourth of july I asked a complete stranger for a ride across town and offered ten dollars for the ride.he accepted, the vehicle picked up speed on its own Chevy Malibu I’m guesing white .the day over had an accident car was totaled no air bags deployed I was taken to hospital have disabilities I do not know the driver.officers were responsible for calling ambulance I don’t know what happened to the car.i have medic bills ambulance bills and I am in constant pain.
Hi Don,
I suggest you contact the police department where the crash happened, and try to get a copy of the crash report. Then you should be able to identify the car owner and driver, and make a claim.
Hi Matt, I’m just getting to get my insurance company to cover the cost to replace my transmission. I hit some road debris and it smashed a coolant lines and consequently overheated and reined the transmission. The only other damage to the vehicle was the plastic bumper where the debris hit. Progressive decided to pay only the cosmetic damage when the tranny failure was obviously caused by the same incident. I’ve looked all over my state(wyoming) and can’t find any bad faith attorneys but I’m not going to pay these guys $1300a month for my commercial policy and then when I need them,have them not pay. Not sure what to do because I can’t even get them on there phone now.
Hi Bob,
Thanks for your question. You don’t need a “Bad Faith” lawyer. You just need a lawyer who will file suit on you or your companies behalf against your own insurance company. If you can’t find an attorney, you can purchase the book I wrote that explains how you can represent yourself against your own insurance company. This is called a “First Party Suit” against your own insurance company. The book is on Amazon and it is called What to do when the insurance company refuses to pay.
Dear Matt, I lost my car by the accident caused by the huge truck and it was 100% truck’s fault. The insurer of the truck sent me an appraiser to check my damaged car and was considered as “total loss”. Then, the insurer of truck calculated my car’s ACV (Actual Cash Value) as $5,800. They performed market value survey and it was $6,300 as an average of 6 cars. Then they calculated an average of this $6,300 and the book value (NADA) of $5,300. So, ($6,300 + $5,300)/2 = $5,800. The issue for me is, even the cheapest price of that 6 cars is $5,950 that is higher than the insurer’s offer of $5,800. I know the difference between $5,950 and $5,800 is not so big, however, this offer premises the money from my wallet to compensate my loss. I feel not good with this offer. So, my question is, such an offer that is lower than the cheapest car price in the market survey is legal/legitimate?
In this case, I believed that the insurance policy is policy of indemnity. So, the compensation should be fully done by that insurer. The offer should not premise the money from my wallet. This is what I am thinking. Is this wrong?
On the web I found a lot of articles of people who could not be paid as same as Kelley Blue Book says because the real market price is cheaper than the book value, however, I could find any article of the case of “real market price is (much) higher than the book value. So, I really appreciate your web page that accepts questions.
Thank you for reading and I look forward to hearing your professional advice.
Hi Tak,
I am sorry to hear about how the insurance company has treated you and tried to lower the value of your car. You are in a position where you can take their offer and cut your losses, or if you want to fight back, you would need to reject their offer and file a suit against the driver and truck owner. This will cause the insurance company to likely increase their offer to you. They may agree that you are right and not want to pay their attorney several thousands of dollars to defend your claim.
I wrote a book called “What to do when the insurance company won’t pay” You can find this book on Amazon.
Good luck with your result. Matt
Hello. My father was hit from behind by a logging truck and the police report named the truck driver liable. The truck drivers insurance company contacted me and made an offer that they later adjusted to be slightly higher due to the cars real value. They stated I had to send them the title before they could process the check, and after several days of me trying to find some other way I finally relented and sent them the title. Now the company refuses to talk to me, answer calls or emails and they even blocked my IP address from their companys general email inbox.
What do you do when you can’t even talk to anyone?
Thank you!
Peggy
Hi Peggy,
I suggest that your Father since he owned the vehicle that was damaged write them one letter and demand payment for the amount you want. Give the insurance company a deadline. And if they do not pay him, he should file suit on his own against the at fault driver, and the owner of the logging company in your local court. Go to Amazon and you can buy my new book called “What to do when the insurance company refuses to pay.” This book walks you through step by step on how to file suit without a lawyer.
Or, if you father was injured, hire an attorney for the injuries, and they should handle the property damage for free.
Good luck to you both. Matt
Hello Matt,
I have a 1999 Honda Accord LX with only liability insurance.
I was involved in an accident on February 16th 2021. In Florida. I was not at fault. I was driving home from work on a highway and a lady was at a stop sign (not an intersection) just a side road she made a left turn right in front of me without looking. She stated to the police she didn’t see me. I also saw that she didn’t look my way. She was given a citation for failure to yield to oncoming traffic. The officer stated in the report that it was the lady’s fault. I did everything I could to avoid the accident. I slammed on my brakes and turned to the right to try to avoid colliding with her. Despite my efforts we collided. Her insurance company is trying to say that I am 20% liable because I didn’t do enough to prevent the accident. My insurance company denied the 20% liability claim. Stating that their insured is 100% responsible for this accident. My insurance company told me it will now go to arbitration, but when I called her insurance company to ask for an arbitration date they said they are not filing for arbitration because there not pursuing the 20% from my insurance company because it wasn’t much only $600. They also told me they were sticking with their decision that it was 80/20 liability and will only pay for 80% of my damages. How is this legal? How can they have the final say without going in front of an arbitrator? My insurance company can’t fight for me because I don’t have collision. Please tell me what I can do. I need help. I feel like I’m being bullied.
Thank you,
Theresa
Hi Theresa, You are right. You are being bullied by the at fault insurance company. Having seen the insurance companies use this tactic for decades, I finally got so fed up with this sort of behavior that I wrote a book. My book explains how to file a suit against the at fault person, forcing their insurance company to have to hire a lawyer to defend the suit, and spend way more money than they could have if they just paid you. The book is available on Amazon and it is called “What to do when the insurance company refuses to pay” By Matt Powell. Check out my book, file suit in small claims court and make them pay 100% of your damages, plus your court costs.
Good luck. Matt
Hey Matt,
On 10/11/19 I was traveling 40 mph down the highway when I noticed a few car lengths up ahead there was a vehicle nosing out into the road little by little… I quickly glanced in my rearview to see if I was able to get into the left lane but before I knew it the driver gunned it and hit my vehicle in the rear passenger wheel (similar to the pit maneuver) sending me 143 ft down the highway, slammed into the curb with such force that I my vehicle was somehow lifted and placed onto the sidewalk of a gas station, facing 180°opposite to the way I was when I was hit. Initially I didnt feel any pain I’m assuming this was due to my adrenaline pumping or being in shock.. but I opened the door and sat one leg into assfault, about 100 feet to my right was an officer who witnessed the accident. She then hit her lights, rushed over and asked if I was alright. I responded with ” I think so, just a little in shock”. She asked if I was sure.. I told her I believed to be ok or not in need of an ambulance. She asked the at fault driver what they were doing & were they paying attention but he stated he misjudged his stop. With that being said my car was totaled & he drive his away with noticeable cosmetic damages. I caught a ride from a family member but 2 days after the accident is when I was in so much pain it hurt my chest, neck and left shoulder and arm to even breathe. I went to the nearest chiro & I swore she was torturing me bc i for weeks i just couldn’t seem to feel any better. I had an MRI which shows swelling of my c7 and c7 disks, but also went to the chiro for 13 weeks. My medical Bill’s total over $6200 but progressive is refusing to pay. They only paid $1300 for my vehicle which was worth more than double or more..I’ve purchased 2 vehicles since both had to have transmissions replaced totaling in $13000 for vehicles alone if that is revelation I’m not sure.. do u have any suggestions ? Please and thank u so much for your time and for helping all the people you’ve helped to find justice this far. Good people are hard to come by so I know they are thankful for your advice.
Thanks,
Jenni Herring
706 286 2424
Hi Jenni,
I suggest you hire an attorney and file suit.
My girlfriend has 100 percent full coverage with ussa auto and we first recognized the damages to the car one morning. No one was around so we filed a report,nothing was seen on camera but its white paint good sized dent on the hood, sensor messed up, didn’t touch the engine tho. So the insurance company says its totaled keeping it and agreed to full till they found out it was paid off. Gave the run around for 2 while months not paying for rental car we driving. Then now we got pay a 400 storage fee on top of then not fixing it and not paying nothing its not right and I would like to change this for future fellow Americans.
I suggest you hire an attorney and file suit. Or, you can purchase my book on Amazon called What to do when the insurance company refuses to pay.
hello i was wondering if i have a case . my children’s dad was driving my car and i have full coverage and uninsured motors . my insurance is saying because i was not driving my car is no longer covered so basically i dont have insurance at all on the car. he is not listed on the policy but he not on the excluded driver list either . he also denied my claim before even getting the police report or picture of the car . the car vaccident happen on friday and he denied it today which is monday . when i asked to speak to his boss he said why im just wasting more people time. they are not gonnna cover my car .
I suggest you hire an attorney, and make a complaint with the insurance commissioner in your state. You need to read your policy carefully and determine whether the driver is insured or not. Good luck with your claim.
I had insurance and I payed it before time every month I got into a accident and I have been calling to talk to him and all I can’t get in touch with anyone so if you can give me a call at (985) 351-7538. I work a lot so leave a voicemail so I can get back in contact with you.
Hi Cardasha, I suggest you stop making phone calls and send written correspondence. Letters and email are much more effective when dealing with your insurance company.
I had gone into an accident last 5/15/21. i was on a stop because my light was red. when it turned green i waited for 2 seconds and then i go. when i woke up the i saw that my car was on a side street all airbags was deployed. the guy that hit me run a red light. i have filed a non-fault claim for my insurance just to figure out that they have mistakenly took my car out from the insurance and replaced it with my husbands new car instead of adding it. They have asked to file a dispute regarding this to out back my car in the insurance but to no avail they cannot reinstate it anymore. The other party does not want to pay full liability of what happened to me when in fact it was his fault. The insurance company doesnt want to pay for my car too but they have already made an estimate on how much it would cost since it is a total loss. now i dont know what to do.
Hire a lawyer immediately and file suit against the at fault driver and owner of that vehicle. Good Luck. Matt
I got an accident in December 2019
Therapy is done and Bill’s paid already
The lawyer declared: the insurance company tough since I never receive my benefits
I suggest you talk to a new attorney who will file your claim, or file suit if the insurance company refuses to pay. Good Luck, Matt
I was in a chain reaction car accident on June 8th. My policy fully covers repairs on my car, On June 16 my car insurance gave me ok to take my car to the auto body shop of my choice, with an estimated repair appraisal of $3,600. My auto body shop created a supplement report of $11,200 which was sent on June 22 to the Insurance. It is now July 5th and they have not made a decision. The mechanic has been told by my insurance that my car is a total loss, times I call the adjuster I’m told that they are still reviewing the supplement, other people I have talked to at the insurance company say they don’t see any supplement of my claim and don’t know anything about my claim. They never call me to update me I always have to call them or get updates from the mechanic. I’m not sure if being fooled with or if this is taking too long. It has been a month without a car and no decision. Is this time to start involving a lawyer or should I give them more time ?
I suggest you talk to a lawyer now. Also, my advice is to change your communication to letters. When the insurance company gets a letter, they tend to take the communication much more seriously. Good luck with getting your car back soon.
My son is 16 and has had his license for about 8 months. He does not drive our vehicles without us usually because he does not have his own vehicle yet. We did not add him to our insurance because of this. He has driven maybe 2 times alone. He was asked to be at work early, before we were off and borrowed my husband’s truck. We’ll, he totalled it and now insurance is not going to pay. They took nearly a month to even let us know this. We desperately need insurance to pay because we need to be able to replace it. This is impossible to do so if they don’t pay. I am unsure what our options are at this point.
I suggest you call me or an attorney in your state. I wish I had an answer short of filing suit. But I expect they won’t pay without you forcing them to pay.
Very useful information Matt! Thank you for sharing your knowledge! Do these same principles apply to property insurance companies as well? That is what I am dealing with unfortunately, after I was tricked into a recorded conversation.
Hi Carrie, Yes, the same principles apply to property damage claims. Good luck to you.
My truck was hit on right rear corner passenger side while i was driving into a drive thru. Police did not come out. I qas not at fault. Other driver insurance and my insurance told me i was not my fault.
Now the at fault insured is not accepting full liability
My insurance just told me today after i contacted them because it has been 3 months now. I am attempting to recover my deductible. Whag should i do?
I did request for insurance name and complaint number so i can call and let them know i am willing to hire legal aid.
I would suggest you file suit on your own against the at fault driver and owner of the car that caused your damage. They will probably call their insurance company, who will then want to pay your deductible and court costs, rather than pay a lawyer to defend the small claim. Good luck.
On May 24th I was riding my moped back to work when a lady in an SUV crossed lines and hit me head on I was very badly injured my legs and my arm my right leg has been broken all the way from my femur down to my shin my left leg from my ankle to my shin and my right arm the wrist area was completely shattered I had three surgeries while in the hospital as well as eight units of blood to keep me alive I spent nine days in the hospital and have been going through physical therapy the driver that struck me had progressive insurance in South Carolina and they are only required to cover 25 bodily 25 property my lawyer that I hired Shelly leak law firm one of her lawyers Jessica when she took on my case I was not told that at that day she would be taking vacation I was giving over to her help where I seemed to be completely left out in the dark the lady she left me with seem to have no idea of anything on my case every time we talked since then my lawyer has come back I had to reach out to her and ask what was going on with the case when I did she told me the progressive had only offered me the $50,000 that the state required this lady to have my lawyer accepted without mine knowledge and now States that she has no idea when it will be put into the trust not only that she has no idea how much out of that $50,000 I look to even receive my doctor’s bills are in excess of $500,000 and seem to be growing by the day I don’t know how to demand that the money that I received from the insurance get to me it seems to be that my lawyer is more worried about trying to make my doctors happy make themselves happy and then leave me the crumbs please help me with any way that I can make this end for because it has consumed everything that I own because I cannot work I have been in a wheelchair for 2 months my loss of wages are going to cost me the place that I live I’ve already lost my only transportation and soon to have my power shut off but my lawyer seems to think that I should just hold on and wait till the money can make it to that trust what’s the insurance company has cut and released over 6 weeks ago
I suggest you have an in person meeting with your lawyer and have them explain what the issues are that are preventing you from getting your settlement.
Hi! My car is @the body shop. I was rear ended. I immediately noticed damage on the front end. It was a metal on metal sound. I have been up front about this noticeable damage. The insurance company did not asses this. It was on my intake form and i called in about it. They finally admitted something is going on and are refusing to fix it. What is my next step?
If you can prove the damage was caused by the rear end collision, you must insist they pay it. If they refuse, then you should sue them for the additional damage. But don’t sign a release for all of the damages.
Hi Matt,
I need some help. I was in a car accident in Indiana back in Aug 2019. I’m a contractor for another company providing commercial freight services and was on the job when it happened. I was covered by the insurance of the company that contacted me. I was backing out of the parking spot very slowly, when the other driver came behind me, speeding, and taking on the phone. I did not have a chance to avoid the accident. My vehicle /commercial van was almost out of the parking spot into the traffic lanes. The insurance company of the other driver denied my claim as they said I had the majority of fault since I was backing and the other driver was supposed to have “right of way”. I filed a claim also with my insurance but my damages were below the deductible so I forgot about it and paid out of pocket for fixing my van. 2 years later /last week/ I reserved a summons. The other party had filed a lawsuit aging me, since my insurance did not pay them for the liability portion. They filed the lawsuit right before the 2 year mark, but at the time I received the summons it is already more than 2 years after the accident had happened. I called my insurance company /I’m not with them any more/ and they are telling me I don’t have to worry about it and they will handle it. But I’m very worried because the lawsuit is agains me, not the insurance company, and what if they don’t pay? Since it’s more then 2 years now, what can I do?
The good news is that car insurance policies are called “claims made” policies. Which means your insurance company at the time will defend you no matter when the suit was filed. And the other good news is that your insurance company will pay for the attorney to defend you. And your insurance company will pay the damages up to your insurance limit, in exchange for a full release on your behalf. I suggest you contact your “insurance defense lawyer” and tell him you want to file a counter claim for your property damages.
Good luck with your case. I think you have very little risk of having to pay anything out of your pocket.
I was hit from behind by someone & then he swerved into oncoming traffic and hit someone else head on. I only have liability insurance. The insurance company admitted fault & sent me a check for the damages, but then they stopped payment on the check! Now they refuse to pay because their client has reached his property damage limit & they say they are waiting on the other people’s insurance to send them paperwork or something. No lawyer will file suit for me because I was not injured. How do I get the insurance co to pay what they owe me? I just want them to do what they are supposed to do in the first place. I’m not wanting anything more. However, at this point they have caused me so much stress I WANT to sue them.
You can file suit yourself. Here is the link to the book I wrote with step by step instructions for you to follow. https://www.amazon.com/Insurance-Company-Refuses-Step-Step/dp/B08P8C297T/ref=sr_1_1?crid=1WHCWQ5C9BTO7&dchild=1&keywords=What+to+do+when+the+insurance+company+refuses+to+pay+by+matthew+powell&qid=1635525396&qsid=136-9644995-0189535&s=books&sprefix=what+to+do+when+the+insurance+company+refuses+to+pay+by+matthew+powell%2Cstripbooks%2C95&sr=1-1&sres=B08P8C297T&srpt=ABIS_BOOK
Good luck Matt
Mr. Powell,
My situation is a little different from the scenarios above. After a divorce in 2019, my ex and I still had to exchange vehicles as stated in our divorce decree. The deadline to exchange cars was extended by the Judge. The judge gave instructions on how the exchange must happen. In the middle of the night, my ex came and abandoned the car I was supposed to be receiving. (No plates, no keys, and damaged.) At the same time, she came and took the car she was supposed to receive. She took the car, my license plates, and the contents within. The car was only ever titled and insured in my name. Her name was never on the title. I reported the car stolen to the police and since i did not know what exactly to do, I filed a claim in an effort to help protect myself in the event that a crime or something horrible was linked to the car, and I was left paying the price. I informed my insurance carrier of the entire situation. How we were still in court, she just came prematurely and decided to perform “self-help” and get the car herself. My insurance said if she was never on the title, and I did have all the documents, then they considered it to be stolen. The insurance company paid the claim and I received the money. Shortly after, my ex contacted the insurance company and said that I lied to them, lied to the police, etc. She showed them the divorce decree which showed the initial date the cars were supposed to be exchanged. She didn’t bother telling them that the date was extended and the judge gave instructions on how things were to be handled. My insurance demanded that I return the money, saying that the car was and has been, with the legal owner. I returned the money immediately, as I had only collected it in an effort to protect myself just in case. Unbeknownst to me, my insurance lied to me. The car evidently had a salvage certificate for over 10 months. In that tenth month, my insurance calls me and says that my ex is upset that it has a salvage brand as this lowers the value of the car. They asked if I would consider putting the car back in my name to help her get a clear title. I said NO, as they told me this issue was resolved months ago. They said that the only person who could help get the vehicle a clear title was the TITLED OWNER. Since I was the owner it was up to me to resolve this. Twice I said no, and the insurance company went behind my back and wrote a letter to the DMV asking for a clear title in my name to be mailed to them. Somehow it was done and now she has been driving around for another 6 months in a car titled to me. I returned the money as they asked, but they have kept me involved ever since. Because my insurance says that it was not “technically” stolen, the state has pressed 2 felony charges and 1 misdemeanor charge for “auto fraud” and “lying to police”. I know they saw this opportunity as a way to recover the funds they paid out on, however, I provided extensive amounts of documentation that showed the judge’s order and that my ex had been dishonest with them. They tell me the case is closed and this is a civil matter. It was not civil until they inserted themselves as judge and jury into this theft. The insurance administration has not given me a final determination letter yet, but they do not sound too hopeful. They do not feel there was any wrongdoing. What can I do next? I am truly at a loss. Thank you for your time in reading this comment.
I suggest you hire a criminal defense lawyer, and talk to your family law attorney to straighten this out.
Hi. My mother had a brand new truck, she left it at home. Her grandson used it to purchase milk and got into an accident totalling the vehicle. My son and her got nervous and told the insurance adjustor that hes lived there for several months. When in actuality, its even around 3 months. Now they’re claiming that they can’t pay off the truck because he wasn’t listed on the insurance. He had swerved to avoid a collision and ended up hitting the guard rail and the truck rolled. Can we do anything else?
I suggest your mother hire an attorney to file a formal claim and or lawsuit against her own insurance company.
I had a car accident 4 years ago in Miami, a car crashed behind mine and, my car was a total loss, my insurance at the time of the accident was the same as that of the driver who caused the accident and, to this day the insurance company has not carried out payment of no amount on my loss what should I do? my car was an Audi A3 and, it was already fully paid for. Whenever I try to contact the insured, they warn that the process is still under review.
Hi Thiago, The time limit to force the at fault person, or their insurance company to pay for the damages they caused from their negligence is 4 years from the date of the accident in Florida. In your situation, if the 4 years has passed, you are out of luck, and have lost the right to sue the at fault party for the damages they caused you. However, if you had collision on your own car, and your own insurance company has not paid for the loss, you have up to 5 years to file suit to enforce your contractual rights under your own insurance policy. I suggest you call your own insurance company quickly and make sure you have submitted your claim, and ask them to pay, so you don’t have to file a suit. You are welcome to call my office and we can give you a time to talk to me. But, do not wait, because you may have some time left before the 4 years get past you.
Matt
Good afternoon Matt, I was in an accident on January 4, 2022. I was t – boned by another driver which was her fault and she did receive a ticket. The problem I’m having is that my own insurance is handing the claim and will go after her insurance afterwards. My insurance is low balling me on the evaluation of my vehicle which I had just purchased in August plus in December I paid 3 months a head on my payments and my car is now totaled. What can I do? Can I take the driver to civil court to re- coop what I have lost in the difference of what the insurance is offering. I have been fighting with my own insurance for 2 weeks now and I need a vehicle.
Hi Lisa,
I suggest you file suit on your own against the at fault driver and collect the value of your car, and the loss of use. Here is a link to my book that might help you. Good luck.
https://www.amazon.com/Insurance-Company-Refuses-Step-Step/dp/B08P8C297T/ref=sr_1_1?crid=38YFPURPFO0QL&keywords=What+to+do+when+the+insurance+company+refuses+to+pay&qid=1645304695&s=books&sprefix=what+to+do+when+the+insurance+company+refuses+to+pay%2Cstripbooks%2C81&sr=1-1
My husband was hit in his car by another person who blatenly admitted fault on scene. As far as we know at the moment no injuries but we don’t know he didn’t go to a doctor to have anything checked over yet.. but i filed a police report online and a claim against her insurance. At first they told us that they had to establish fault by speaking with the insured. So a couple days after they send a total loss offer that is low low. They wanted to know johny on the spot if I’m gonna accept one of the 2 deals more if I want them to take my car and less if I want to keep my car and be the proud owner of a salvage title. I said idk, you can do better then this. She says we’ll u have to receipts of new parts and maybe give u a little credit for new parts to increase the “value” of my car. So I gather all my vehivle receipts along with the statement ” your driver hit my vehicle with me in it and then admitted fault to me and my significant other. I don’t think it’s unreasonable to request 3100 and owner retains” I haven’t gotten a response. What should I do how long should I wait for a response before talking to a lawyer?
Hi Jessica,
This is a common scenario, where the insurance company makes less than fair offers to settle the property damage. Unfortunately, if there are no injuries, I doubt any attorney will take your case. Which leaves you in a position where you have to either take the low offer, or file suit on your own against the at fault driver. If you do this, then the insurance company will likely offer more to settle your case. I wrote a book that has instructions how how to sue on your own without a lawyer. Here is the link: https://www.amazon.com/Insurance-Company-Refuses-Step-Step/dp/B08P8C297T/ref=sr_1_1?crid=38YFPURPFO0QL&keywords=What+to+do+when+the+insurance+company+refuses+to+pay&qid=1645304695&s=books&sprefix=what+to+do+when+the+insurance+company+refuses+to+pay%2Cstripbooks%2C81&sr=1-1
Hi Matt. My RV went under a low overhang, destroying the fiberglass cap. Winnebago agreed to make a new cap ($15,000) so the repair facility estimated a $23,000 repair. Eight months later, Winnebago notifies us that the cap can no longer be made by them, and nobody else can make that proprietary part. The insurance company wants their $23,000 check back, and says they won’t total the vehicle, though I have full coverage. It is not safe to drive, nor can I sell it in that condition. What can I do to be made whole again?
Hi Ernest,
I suggest you file a formal complaint with the State Insurance regulator in your area, and or file suit against your insurance company to seek a total loss of your vehicle.
I was recently in a no fault accident, and am currently going through the other drivers insurance. They have been dragging their feet in every way possible and am now on day 35 of not having a car. They are telling me they can only pay me for 7 days loss of use despite it taking them 24 days to even tell me my car was totaled. Their other option was a rental car which they only cover partial costs, and I would be paying about $100 a day for car AFTER they reimburse me. How do I fight this low loss of use offer?
Hi Grayson,
I say your have to file suit in your local court to get some action going. I wish I had an easier solution. Good Luck, Matt
The Hartford is refusing to pay more than $60 for their client hitting and pushing another car up onto my hood in a parking lot. The Hartford client caused quite stir at the grocery store that day, hitting 4 vehicles. A policeman was waiting with insurance info when I was done shopping. I took the car directly to a body shop, where they gave an estimate of $1500. Normally the insurance company pays, end of story. The Hartford decided to send out an expert to access (later saying he was not even their employee, so he is more honest in his assessment 😉) The private assessor came out in a driving snow storm, and decided I only needed a number cover for $60. In fact, he missed the deep scratches on my hood, and my mal-aligned headlights. The Hartford had been shady from the beginning, saying the body shop I chose (best one in town) would not return their calls and their attempts to negotiate. The body shop is very professional and communicative, and said they did call but the adjuster would not call back. I called The Hartford to try and resolve this, but they just come up with more excuses and deny me more than $60. They paid all the other claims that day, although I’d be surprised if they were handled any better.
Hi Monica,
I am sorry to hear that Hartford is jerking you around. There are two choices you have. First, let your insurance company pay for the damages, and you pay your deductible, and recover that money back later. Or, you file suit in your local court for the $1,500.00 and cause Hartford to have to hire an attorney to defend the claim. They will likely pay your claim rather than pay the cost of defending the claim and having to pay you. You can check out my book called What to do when the insurance company refuses to pay. My book is available on Amazon.
Good Luck!
Hi I was hit from behind while driving my fiance car,the other guys insurance admits fault but says they will only offer $5k and the cars value is $14k.also they will not pay for the tow and storage and it was 100 days nefore they even made an offer so the storage bill is high.Is this something they can get away with?They say he has minimum insurance so they won’t pay and we don’t have comprehensive as it was a spare vehicle that rarly used.
I suggest you file suit on your own against the at fault driver and car owner for your property damages including the towing and storage. Let a judge or jury decide what is fair. Good luck. Matt Powell
Somebody hit my car while it was parked. I wasn’t even in the car and they totally bashed up the backend and messed up my doors. Their insurance company told me they would cover my rental during the repairs as well as the repairs. Then they cut me a check and then they tell me not to cash it. They tell me that actually my car was deemed a total loss and that somebody would be contacting me about my options. When they finally contacted me almost a month later they told me while your car is only worth $1100, and we are not going to cover your rental while you get a repair. That amount won’t even cover my repairs but they do not care . I told them, I didn’t do anything wrong why should I have to pay for any of this? They would not budge. They flat out refused to pay for my repairs in total which their client cost, and they refused to cover my rental. They told me I should call my insurance company for it. So I told him I’m gonna take you to court. Then I decided, screw them, and I deposited the check, the original check into my account. I’m sure it won’t clear, but I was so mad I didn’t even care. It’s completely unfair that I should half to pay for any of this figuratively and literally. I am beyond furious absolutely willing to take them to court over $1100
Hi Francesca,
Sometimes you are forced into filing a suit to collect your damages. If they won’t pay, you need to take action or suffer the losses. You can find my book on Amazon called “What to do when the insurance company refuses to pay” and it gives you a nice outline of how you can file suit on your own. Good luck. Matt
I live in a south suburb of Chicago my car was car jacketed and stole in April my insurance company has not paid yet keep asking for more paperwork more information now they want me pay $500 deductible can you help or refer me to someone?
What repair shop do you want to use? I would talk to them and be ready to pay them your deductible, and ask them to handle their remaining payments from your insurance company. Good luck.
A 3rd time convicted DUI driver drove through an intersection, damaging a ton of the city’s property. He then proceeded to plow through our property destroying our fence and slamming into our car, before his car stopped less than 10 feet away from where. my family and I were sleeping. He has caused us severe emotional trauma as he was so close to killing my family and I. He has caused massive financial burden from this and now we are left to battle his insurance company on our own. Because of the 4 parties involved ( the city, our landlord’s property, our car and the medical bills/diagnosis of PTSD, and the DUI driver) it has gotten complex, yet the at fault driver’s insurance company is delaying our claim and it has now been 2 weeks and no resolve. We are left without transportation to work, the grocery store, essential places, etc. We have now run out of physical cash and all of the money in our bank account due to having to pay rental car deposit, grocery delivery, paying friends for rides to work, etc. What do we do now?
Hi Heather, your options are to hire a good personal injury attorney who will file suit for you quickly. Or, you might have to file suit on your own. Because the drunk driver caused so much damage, there will be a race by all the victims to collect his insurance policy limits. Don’t wait, move quickly or else you might not ever collect a penny.
Hello Matt,
Thank you for the information. I had an accident in 2020, I was hit by a Ford F350 that was carrying a large piece of equipment. We were on the highway and I slowed down because traffic was slowing down. He ran into me and pushed me into the car in front of me. My car was 2019 Ford Escape, it was totaled, 3 years later the adjuster has not made an offer to my attorney, we have filed a lawsuit against the insurance company back in Feb, 2023. It’s June, nothing. I called the other party just to see if the insurance company has paid them and they did, 2 years ago! The other driver had attorney, her car was not totaled. Is there anything that can be done? How can they pay one claim and not the other? My attorney knows the defense attorney and they are frustrated as well that the adjuster has not made an offer. My patience is running out. Any advice? Thanks for your time
Hi Stacy,
Please ask your attorney to request a trial date and put some pressure on the insurance company to pay your claim. This is the only power you have to move the case forward toward a resolution. Good luck. Matt
my daugher was in a wreck her fault, she had just online paid her premium that day through her debit card this was done prior to the accident, the very same day she was in the accident at aroudn 735 pm, State farm won’t pay her claim cause they are telling her that the authorization didnt go through till 803 pm which how can that be when she did it much earlier in the day, they said the authoirztion for the payment was 30 min after her accident so her accident isn’t covered letting her to replace her own vehicle on her own and paying for the other person vehicle as well, could they purposely delay posting her payment so they wouldn’t have to pay? i don’t understand how she could of paid and it was delayed, it seems so fishy they are going to be close 50k in the whole from this timing issue, are they just screwed, they have gone several times to the state farm office and all they say is there is nothing they can do the payment authoried after the accident.
Hi Dave,
This does sound fishy. I suggest you hire an attorney to file a Civil Remedy Notice, and possibly a lawsuit against the insurance company to prove your daughter had coverage. Good luck.
Hey Matt,
I was coming out of the store, there was a vehicle stoped in the pedestrian zone, several people were crossing so I join them. Driver never looked to see if somebody came out the door and he rolled over both my feet, fracture one and bruised the other one. The car was not his. Can I go after the owner of the vehicle insurance as well as the driver?
Hi Lisa,
Yes, the owner is responsible for the negligence of the driver. In Florida you have 2 years to file suit. Please don’t wait. Good luck. Matt
Hey Matt,
I was involved in a 3 car accident in 2019. My car was the middle car. My car was totaled and I had some injuries. I hired an attorney, who took out a lawsuit. The insurance company paid the person that I was pushed into back in 2020 but they have not paid me not even made an offer to my attorney. What can I do?
Thanks
Hi Cindy,
Just ask your attorney if they have requested a trial date yet.
Good Day,
I was driving in the left lane when a car tried to come over into my lane, She hit my car on the left side rear door and part of the front and knocked my trim off. I called the police but because I did not know the road we were on the police said to call back when I did. The other party got out of the car apologize, saying that it was her fault. The cops did not come, she gave me her information, I gave her my phone number. Her insurance company tried to get a hold of her for 45 days. She sent an email stating that we were both merging which is a lie. The adjuster said that she would call to give her recorded statement and she did not. They sent a letter to my insurance company not to me , and deny the claim. I am taking her to Small Claims court. My question is, if she decides that my deductible, medical bills and lost wages are too much for her to pay, can she tell the truth to her insurance company and have the claim reopened? She is a kid and I don’t believe that she knows how insurance works she’s probably thinking since the police did not come out, she can say whatever. I sent pictures to her adjuster, you can tell by the damage of the cars that she’s at fault. I thought the insurance company had to due their due diligence before deny a claim. I guess I am wrong. Thanks
Hi Mel,
Insurance companies look for any reasons to deny, delay or dispute a claim.
Sometimes you have to file suit in small claims to get their attention.
Good luck with your claim. Matt
in california auto insurance is manditory. so they raise rates to the stratosphere. effectively holding us in a strangle hold,. while the feds keep standing on our chest keeping us to the ground. does the government and insurance have some kind of hand shake mechinism, to where insureance is giving % of yearly revenue to gov/fed for making insureance manditory. we are already taxed for everything and there are fees on top of fees. how exactly do they expect us not to blow our freaking brains trying to pay for anything. we can afford to live to eat to get our selves to our underpaying jobs. for me i wonder if we lost our gun rights and digital currency came into effect. would we not be communist at that point? or totalitarianist? the land was for the free and the brave enough to make their own life. is it me or is everything the exact opposite of what it claims to be. i just dont understand how this is what we are doing with our live and the one rock in the universe that we know of that makes such amazing biodiversity. i am ashamed to be a human being. the corporate / federal strangle hold on the citizen that they get their money from. its obviously true that money is the root of all that wrong with human society. its clear the humans are a living virus / parasite. idk maybe im confused, but i feel enlightened. the further we go from god the worse we get. why is this not obvious to everyone,. i know we all have conscience so why do we ever have to kill each other….. it just incredibly insane to me. humans biggest legacy is destruction. thats our real postcard to any thing that discovers earth. i hope what ever evolves o this planet after our inevitable self destruction is better than us. yes most of this is super extreme. but its sadly not too far off
Hello Matt,
I was hit and had 4,000.00 of damages done to my car, missed work and medical bills. Geico denied the claim because they cant get a hold of their insured. She sent an email 45 days after the accident stating that we both were merging that’s a lie. There is no merging lane. If the adjuster had done their work my damages and her damages will tell the story. Police didn’t come out because neither one of us knew where we were, and the police said call back when we knew. I’m am taking her to Small claims court and I was wondering if there are any statements or email that I should get from Geico? I think they called that discovery?
Hi Mitchell,
If you are going to trial, you better subpoena any witness you have to come to court and testify live. Written documents usually do not come into evidence because of complicated evidence rules called “hearsay” I applaud you for suing on your own behalf. But talk to a local attorney and get some help well before your trial to make sure you have the right admissible evidence you need to prove your case.
Good luck. Matt
Any help out there for a antique car being shipped and damaged during shipping how to get the insurance to pay for a desert repair job so car is fixed right. Insurance won’t pay what the repair cost requires. Can you help?
Hi Paul,
It is unlikely any attorney can take your case on a contingency fee basis. However, you can sue the at fault party yourself. It takes time and effort, but you will likely win. I wrote a book called “What to do when the insurance company refuses to pay” and you can find it on Amazon. It may help you. Good luck. Matt Powell
Hello my name is Marc on June 30th I went out to get laundry out of the car. I must have dropped my car keys next to my car or on the sidewalk by my house somewhere not sure. When I was going to leave for work the next morning I could not find my car keys and when I looked outside my car was missing. The car was recovered two weeks later with collision damage to the right side of the vehicle. The insurance company is refusing to fix the damages, stating that they were denying the claim because of no force of entry to the vehicle visible. Would I have a chance of winning the case.
Hi Marc,
I think you have a good chance of making them pay the claim. There are a few factors, such as when did you report the car stolen? What does your policy say? Contact an attorney in your state that handles “First Party Claims”
Good luck to you. Matt
Hello Matt, on July 8,2023 I purchased a classic car out west in Oregon state from a dealer and he hired a commercial trans porter to bring it out west to me, enroute the following day the trailer caught fire on a state hwy in Washington State and both vehicles (mine and another persons vehicle) plus the truck where completely incinerated. I keep calling the adjuster when he is in, and then when i question him he says there still looking in to this matter . I am afraid this may drag out .What are my legal rights / who is resposable ? .Thank You ! Mark
Hi Mark,
The transporter is responsible for your loss. And if you had comprehensive coverage on your vehicle, you can contact your own insurance company, make a claim, pay your deductible, and let them go after the transporting company. Good luck.
Also, talk to a lawyer in your state, as well as a Washington State lawyer.
I was on a car accident in March of 2023 and it was in a parking lot , the other person’s insurance just said it was my fault for failing to yield. I had full coverage insurance and my insurance company had me file the claim and once they seen my car was totaled they started digging into my driving record and used THEIR own misrepresentation against me. I signed up for insurance online and the lady asked if I had been in any accidents and I know I told her yes because I told every other company I called before that yes, I wouldn’t lie and I didn’t even know you could lie because they run your vehicle record and will see everything. Well this company did not run my record instead the lady marked no and they just started taking my premiums. I had them almost a year before they found this misrepresentation after I filed a claim so they denied my claim and then they rescinded my policy. When I called my agent she said she was told to rescind it back to October and not to tell me. I ended up losing my car owing 16k now being Persued by the other insurance company for 8k . I lost my job over this because of stress I have been put on medication because of anxiety and ptsd. They sent back all my premiums but how is the even aloud ? They called the BMV and sent the letter of COC . How can an insurance company do post claims underwriting and it be legal? It’s their fault that she marked no , it’s their fault they didn’t run an MVR or do underwriting but I have to pay the price . This situation has literally RUINED my life as I know it. Is there anything to do at this point?
Hi Ladonda,
You are right, you are a victim of post claims underwriting. You may find an attorney in your state who will take your case and sue your insurance company for this. However, one common trick the insurance companies use is they send you your premiums back, and if you cash that check they say you agreed to rescind your policy, which they argue prevents you from suing later. I suggest you hire a lawyer in your state who takes what are called First Party Claims against your insurance company.
Hi so 3 months ago I was driving on the freeway and out of no where my car caught on fire. Now they gave me a agent that deals with Freud because I was with progressive and I switched over to state farm. I was only with them for 2 months when this happen. They keep giving me the run around and asked for proof of purchase of the car. Which I did. Now they want my phone records of the day I talked to the seller of the car when I bought it. Which is weird because I’ve already gave them all the information of the seller and they contacted him also. I don’t know what to do. Everytime I call the insurance agent. He never picks up or when he does he was on a vacation. What do I have to do?
Hi James, I think you need to find a lawyer who does “first party” claims and file suit for you against your insurance company and agent. Get all of your documents in order and find a good lawyer to file your suit. Good luck. Matt