by mkeydr » Thu May 20, 2010 12:19 pm
3 weeks ago I was hit by another driver in N.C. - They were at fault. Witness and police report support this claim. Other party has FL-based auto insurance. Its been 3 weeks since the collision and the other party's insurance hasn't given me an estimate yet, and will not return my phone calls. They say they have to determine whether they can cover their party since she was driving in a different state then FL. Are they pulling a quick one on me? What can I do?
Posted: Thu May 20, 2010 02:07 pm Post Subject:
I'd say yes and no. The only reason I can think of for them to not to pay the claim is if they rescind their insured's policy (cancel as never in force) for material misrepresentation. This would occur is their insured was living in NC and lied to them about this (or was required to tell them and did not). Either they should have a good indication that this is the case or IMHO 3 weeks is a bit long. As them if this is what they are looking into. Ask them if their is some indication of this. Ask them if they have been able to speak to their insured. If they have not, have they done more then called a couple of times and mailed a contact letter?
My recommendation is if you have collision insurance to consider filing under your own policy and having your carrier seek recovery. I'd also recommend filing a complaint with the FL Dept of Financial Services and NC Dept of Insurance, complaining of the delay.
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