Legal Question in Insurance Law in New York

ignored by insurance adjuster

Some car service driver blew through a stop sign in Queens, NY and totaled my 1998 Jeep Cherokee Classic. I wasn't hurt. I only have collision and I love that car, so I paid out of pocket to have it fixed thinking the guy's insurance would be quick to reimburse me. It's been 4 months and the adjuster is just ignoring my calls! I basically bought my car twice. 5 grand x 2. So the adjuster finally tells me that since other vehicles were involved, one of which have not yet made a claim, he can't determine a payment. How long can he legally hold out?


Asked on 7/23/07, 6:16 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Re: ignored by insurance adjuster

He can hold out forever. I'm puzzled by the statement that you "only have collision." I will guess you mean that you have liability insurance only, because collision insurance pays you for damage to your car.

Paying to repair a car that has been totalled is usually a mistake. The insurance will never pay more than the actual cash value of the car.

File the lawsuit. Since it's not over $5000, you can do it as a small claim. Have proof of payment, plus itemized bill and an appraisal of the car based on book value before the accident.

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Answered on 7/24/07, 8:43 am


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