Auto Insurance Claims: MY CAR WAS HIT WHILE PARKED, small claims court, claims adjuster


Question
I have been waiting way too long for a settlement, about 10 months to be exact and still waiting for the check to come in the mail. So, in September of 2008, my car was hit and totaled while it was parked beside a curb. A police report was filed. Two other cars were involved with one being the car at fault. I have liability and so does the other car. The claims adjuster said that we have to split the money. Well, that's fine but how long am I supposed to wait for the check to come? An appraiser also came to check the car but that was 6 months ago and the car is just there on the driveway. I am so frustrated. I gave up on calling the adjuster because all he would ever say is that the insurance agent of the other not at fault driver has not given the subrogation demand... and it has been 10 months. And even when I call the insurance agent she would say that there was something she needs from the adjuster. I honestly don't buy what they say...I don't know who is lying and who is telling the truth. I don't know what to do...should I wait longer? Should I pretend to sue the at fault driver so that he may haggle the adjuster into giving my money? Will I ever see any money? Please help me. Thanks.

Answer
Hello,

Depending on state law and the amount of money you are attempting to recieve, I wouldn't pretend to sue anyone. I would sue in small claims court. The total amount you can recover is from $2,000 to $5,000. The total cost to you is minimal.

If the amount is more, you may have to pay an attorney to go after the at fault driver.

All this from the at fault driver's insurance company is not your problem. The driver is liable, simple as that! When it comes to claim, payment the standard procedure is to delay, delay, delay. For every day you are not paid, they are making money on the interest.

Don't even screw around with the insurance company. The at fault driver is responsible for that.

Good Luck!

Rob