QuestionQUESTION: I have two questions.
1) Will the insurance close the case as soon as they have paid the payment or they will still wait for some time? When will the insuranhce close the case?
2) I got a insurance check one and a half year ago but have not had my car repaired yet. The case probably has already been closed though I do not know when it was closed and why it was closed (My car has not been repaired yet). I recently tried to have my car repaired but the shop’s estimate is higher than the insurance estimate. I contacted my former insurance adjuster (I have already changed the insurance company). There is no reply. Is my former insurance still liable for the actual repair costs? How shall I do? Please advice. Can you answer my two questions above? Thanks.
ANSWER: 1. A claim will be closed when all issues are resolved. Usually this means all payments are made. However, claims can be reopen if an issue appears later on (a bill was not paid).
2. Probably not. You have a reasonable time to fix your car. One year wait will be hard to justify. Also, you will have issues showing that your damages were not aggravated or caused in another incident. This is particularly true since you change insurance company, they will give you a hard time with this. You can always try to reopen the claim.
Most of the time, when insurance companies issue payment (give you a check), they are considering the claim as close unless you go to a body shop within a reasonable time.
Please see: http://www.auto-insurance-claim-advice.com/auto-repair-estimate.html
Good Luck,
Anne
http://www.quirogalawoffice.com/
---------- FOLLOW-UP ----------
QUESTION: I called my state insurance of department. Their reply is "absolutely the insurance still liable for the actual costs as long as the damage is the same." Does it make sense?
AnswerHello Ray,
If that is what the Department of insurance is advising you, then it makes sense. If the insurance company has issues with your delay, have them call the department of insurance.
It is very troubling that the answer is "absolutely" as the department of insurance did not read your policy (they do not know the exact terms of the policy as every state has thousands of different auto policy forms and there could be time limit requirements). In addition, you have a duty to report losses (which you did), but also a duty to mitigate your damages (get the matter resolved within a reasonable time before it becomes a more difficult issue). An investigatoin must done to see if you breach any duty, thereby canceling coverage.
Good luck.
