Legal Question in Insurance Law in California
can i file a claim against my insurance Co?
My Brother's car was stolen in feb,this year. the claime was sent in.they found the car ''totaled''...It took the insurance Co more then 30 days to make him an offer,The offer was so low.he denied it 95''camaro,exellent condition.they wated to take the 500 deductable+ other stuff .I mean he only had 1 more payment left on the car..that means they wanted to only cut him about 1000 bucks....every time he has tried to contact them they are on vacation it has been so long.he has a pre existing medical condition .and it is getting worse cause he has to walk everywhere he goes can they do this to him ...i think i can file a claim agianst them because it has already been months and still nothing .this is really causing alot more problems for him .can someone please help us ilive in LA.and he lives in Frisco /Oakland.please letus know
2 Answers from Attorneys
Re: can i file a claim against my insurance Co?
Your brother should speak to a lawyer immediately. The insurer might be responsible to reimburse him for the fair market value of the car and the reasonable rental value of that car until its pays, in addition to any possible physical and emotional damages he is suffering.
He needs to determine the fair market value of his car (as of the date it was stolen) from the Auto Trader, Sunday LA Times, the internet, etc., and document it.
Demand a written explanation from the insurer of its valuation along with all supporting documentation. Letters are the only way to do this - as you note, phone calls don't work.
Re: can i file a claim against my insurance Co?
Your brother should speak to a lawyer immediately. The insurer might be responsible to reimburse him for the fair market value of the car and the reasonable rental value of that car until its pays, in addition to any possible physical and emotional damages he is suffering.
He needs to determine the fair market value of his car (as of the date it was stolen) from the Auto Trader, Sunday LA Times, the internet, etc., and document it.
You or he should write the insurer and demand a written explanation of its valuation along with copies of all supporting documentation. Letters are the only way to do this - as you note, phone calls don't work.
Call me if you would like some guidance.
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