Question"Policy Effective: 11/30/2008
Policy Canceled (Insured Request): 2/11/2009
Date of Loss: 1/19/2009 (all coverage was active at this time)
Claim filed: 01/19/2009.
I was insured by the dealer when I bought my car from them.
I rented a car from AVIS 2/1/2009 since my car was taken for an oil change at the dealership. The rental was through the car dealer. I did not sign the CDW coverage with AVIS assuming that my insurance company will cover.
It suddenly snowed that day. I got into an accident when my car slid on small bridge and hit the guard rails.
I filed a claim with Country Wide Insurance NY. My insurer.
I was asked to send in all paperwork 4/15/2009. I sent them all the paperwork they asked EOD 4/15/2009. Yes, it took them this long to respond.
Even after multiple follow-ups with the adjuster/examiner by AVIS adjuster and me, the company has not taken any steps until today 7/11/2009. I have now received suit papers from AVIS attorney to pay the claim and other related late fees, attorney fees and interest etc.
The car was deemed a total loss and $10,500 was charged as the claim amount.
We faxed the suit papers and called the ADJUSTER & LITIGATION DEPARTMENT at Countrywide but they are so irresponsible about their response back to us. They keep telling that they're looking at the claim still. They will handle the suit etc but no definitive answer.
My date served is 6/30/2009 which leaves me until 8/4/2009 to act (35 days).
1. What should I do in such case where insurance company has not taken action on a claim for 7 months now.
2. Will they handle the suit.
3. What if they don't pay. What are my options then.
4. What precautions should I take?
5. They have not sent a letter of denial. Can I approach department of Insurance. This is NY state.
AnswerHello,
You are asking questions I can't simply answer. Hopefully you have a sales agent and you can supply these questions for specific answers as it relates to your claim and your policy language.
If you can't get satisfaction screaming at the agent, you may consider getting an attorney to represent you in a bad faith suit against Country wide (Your insurer).
As for contacting the insurance commissioner, I know very few that have had any satisfaction doing so across the country. Most of the time, I have seen them not pay attention to an insured.
If you don't have an agent, don't screw around with the adjuster. Contact your claims department. If you are not satisfied, go to a supervisor. If that does not work, go to the supervisor's boss.
In theory, its not your job to prevent you from getting sued, it's theirs if you were in fact covered!!
Good Luck!
Rob
