Legal Question in Insurance Law in California

Insurance giving me the run around

My car was stolen in March of this year. Ive turned in all documents and paper work they've wanted. The case has been passed from one person to the next because they all go on vacation shortly after receiving my case. I move to San Francisco shortly after that because of job opportunity. I talked to them told me that ''it seems kinda weird your car gets stolen and then you move to San Francisco''. And now they want to know everything about me. How much i make, where i work, how long ive been there, etc. It now has been over 4 months and i see no progress. They keep telling me they are attempting to establish and/or verify all claims of damage. The LAPD has already sent me a paper stating that my car has been entered the the FBI records. And still the insurance has not done a thing. How long can they legally take to close the case? What can i do to speed up the process of having them pay me out??


Asked on 7/21/03, 2:02 am

3 Answers from Attorneys

Joseph Richardson Borton Petrini LLP

Re: Insurance giving me the run around

If you've done everything they've asked and the insurance company has not paid you for the car yet, get an attorney and look into suing them for bad faith.

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Answered on 7/24/03, 10:55 pm
Steven Murray Steven W. Murray, APC

Re: Insurance giving me the run around

Write a letter to the insurer and detail your story. Make sure everything you write is provably true - if you are not sure about something, don't write it.

Call the insurer first and get the name of the supervisor of theft losses, or the manager of the branch office handling the matter. Demand the claim be transferred to the San Francisco office of the insurer. Set yourself a time limit for the insurer to pay the claim. If they do not, get a lawyer. You are entitled to interest after 30days (generally that is the time limit in the policy) and possibly also to loss of use thereafter.

Do not handle this on the phone anymore, except to get the name(s) of the supervisor/manager. Get the same info for the San Francisco office, and send a copy of your letter to that person also. This should get some definitive response. I don't suggest threatening something you won't actually go ahead and do.

Finally, I assume you already have several appraisals/proof of what your car was worth when stolen. If not, you should get an auto trader and internet values. How can you demand payment if you don't know what you are entitled to?

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Answered on 7/25/03, 1:31 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Insurance giving me the run around

The good thing is, you're in San Francisco, so you probably don't need a vehicle too much. Try finding a parking space!

Seriously, it's unconscionable to wait so long. Talk to a lawyer who could push this matter for you. Your insurance policy probably has an arbitration clause. The attorney could advise you whether to demand arbitration or go a step further. Good luck.

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Answered on 7/24/03, 9:20 pm


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