What should I do about a delayed claim?
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What should I do about a delayed claim?
I hit a truck tire blowout on the highway at 65 mph. After hitting the blown out tire, I pulled over next to the truck parked on the shoulder which happened to be the truck that lost the tire. It was 5 of us who
hit the blown out piece and we called the police who wrote a report. I made a claim with the truck insurance and it’s been 60 day’s passed and they haven’t paid me.
Asked on May 17, 2018 under Accident Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Remember: the truck's insurer is the *the truck's* insurer, not yours. The truck's insurer has no obligation to you: their obligation is to defend their insured in court and pay for the insured if they have to pay for some covered claim. They may often elect to pay a claim voluntarily, without the truck being sued, if they feel that is the most cost-effective option (i.e. they feel that you'd be likely to sue and if you do, to win; therefore, it would make sense to offer you something now, without having to go through the time and cost of litigation). But it is voluntary for them to offer you anything--they don't have to. And if they don't, you have no way to force the insurer to offer you payment--the insurer has no contract or agreement with, or obligation to, you. That also means that if they simply are taking a long time to process the claim or decide what to do, you have no way to force them to speed up.
Your recourse or option is to sue the truck driver (and/or the truck's owner, and/or the driver's employer if he works for someone else) for the damage to your car. If you can prove in court that the driver (or employer or vehicle owner) was at fault in causing the blowout and accident, you can get a court judgment requiring them to pay, at which time the insurer would most likely pay But you have to prove fault: they are not liable if they did nothing wrong and nothing to cause the blow-out. Another person's insurer is only obigated to pay when their insured is at fault; if you want to be paid regardless of fault, you need to have and make a claim under your own relevant insurance (e.g. have your own collision coverage).
That may be why the insurer is not paying you: they may feel their insured was not at fault and therefore is not liable.
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