Insurance Company is Playing Games, how Do I Fight Back?

[djs]

The good news is, you don't need an attorney for small claims court. In fact, as far as I know, attorneys are not allowed.

Your insurance company is correct, if you have liability only and the other company isn't pursuing subrogation, then they have nothing to do with it. Of course, if they are not pursuing subrogation and paid out on the claim, then they probably realize there is a problem. In short, subrogation is where one insurance company pays the other one back for money they put out for a claim that was the other insurance companies clients fault. They just pass money back and forth....

It could be the claim was small enough they didn't want to waste time pursuing it, which happens on very small claims.

Talk to the insurance company one last time. If they still insist on not paying, then mention (not threaten) that your next step is filing in small claims. Go down, fill out the paperwork and then send them the notification. At that point, they may just pay. If not, you go to court and then, if its as you presented, they will pay.

Its a hassle.

Dan

 

[kofo]

The good news is, you don't need an attorney for small claims court. In fact, as far as I know, attorneys are not allowed.

Your insurance company is correct, if you have liability only and the other company isn't pursuing subrogation, then they have nothing to do with it. Of course, if they are not pursuing subrogation and paid out on the claim, then they probably realize there is a problem. In short, subrogation is where one insurance company pays the other one back for money they put out for a claim that was the other insurance companies clients fault. They just pass money back and forth....

It could be the claim was small enough they didn't want to waste time pursuing it, which happens on very small claims.

Talk to the insurance company one last time. If they still insist on not paying, then mention (not threaten) that your next step is filing in small claims. Go down, fill out the paperwork and then send them the notification. At that point, they may just pay. If not, you go to court and then, if its as you presented, they will pay.

Its a hassle.

Dan

Dan, that was very helpful

Thank you

 

[ginniferhadley]

Your insurance company should take a step for you and I don't know why they are not supporting you.

 

[BigIVU]

If the police report indicates that the other insurer's own insured is liable, failure to respond to your legitimate claim could be an Unfair Claims Settlement Practice or worse.

In Smith v. Travelers Indem. Co., the California Court of Appeals ruled, "An insurer bears a duty to defend its insured whenever it ascertains facts which give rise to the potential of liability under the policy irrespective of the source of the information." - Smith v. Travelers Indem. Co., 32 Cal. App. 3d 1010, 1017 108 Cal. Rptr. 643 (1973)