Legal Question in Insurance Law in California

How long does it take for an insurance co. to reply

My brother-in-law borrowed my husband's car and got into a car accident. Our insurance refused the claim stating that because his brother was not one of the people listed on our policy has having permission to drive the car. We accepted that. However, my brother-in-law's insurance policy it clearly states if he is driving someone else's car their insurance will pay damages. We have now contacted his insurance and an adjuster came out 1 month ago. It has been 1 month and we cannot get an answer from the insurance on whether or not they will cover the damages to the car. We feel we are getting the run around. When we call to speak to the adjuster she says the file is being reviewed by management. What is the next step. Should we write a letter of complaint? Please advise.


Asked on 10/26/00, 12:11 pm

2 Answers from Attorneys

Steven Murray Steven W. Murray, APC

Re: How long does it take for an insurance co. to reply

California law requires that your insurance cover

a permissive user unless he is a named specified

excluded driver.

Write to the insurer and demand a written response

within one week. Demand a full explanation of the

insurer's coverage decision.

Write to each insurer since your brother's insurer

should cover your property damage claim against him,

and your own insurer should cover the collision

claim under your own policy. It might be, however,

that there is an exclusion under your own policy

for any other driver - the permissive user requirement

may only apply to liability claims against you.

You must carefully read your policy.

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Answered on 11/17/00, 8:28 pm
John Hayes The John Hayes Law Offices

Re: How long does it take for an insurance co. to reply

I would certainly recommend that you write a strong letter demanding the status of your claim and a response to your letter within 10 or 15 days. Just so you know, you only have three years from the date of the accident to settle the claim or file a lawsuit to protect your rights. Since it is your brother-in-laws insurance company you might have him also right a letter. There is really nothing else you can do to make them settle the case. Unless you are going against a third party insurance company you can not sue for insurance bad faith. Third party would be if someone had hit your brother and they were at fault. I am sorry I don't have better news. My best advice would be to call them two or three times a week, or as many times as you can. The squeeky wheel gets greased. They will eventually get tired of hearing from you and finally deal with you just to get you out of their hair.

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Answered on 11/17/00, 1:05 pm


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