Car Hit Me and the Driver's Insurance Co is Dragging the Case - Should I Sue

[carAccident]

Was involved in a multicar accident in MA over a month ago, where a driver hit me on the rear , driver's side while I was on the ramp merging on the highway, and made me spin and ended up facing the incoming traffic which could have been fatal if a semi truck would have come my way.

Fortunately a pickup truck coming my way managed to stop and barely hit my front bumper with his front bumper.

The driver that hit me was driving on a suspended license and according to the police report was found at fault for causing the accident.

I don't have collision coverage, so I contacted his insurance company for them to pay my repair costs.

They did sent an adjuster soon after the accident but they have been dragging their feet and I feel I am getting the round around.

So was thinking on suing the driver/ins. company to get this resolved as I need my car repaired. Car is driveable but the inspection is coming up next month and I don't think it's going to pass it due to the damage in the rear (tailgate will not open, broken bumper, broken light, etc).

Any opinions on how to proceed with this would be appreciated and also if anybody can recommend a lawyer in the Boston area.

[flyingron]

Might have happened don't count in liability claim.
The police determination of fault isn't a given either.
Where was this other driver? Sounds like you failed to yield?

Yes you'll have to sue the DRIVER (not the insurance, they have no direct liability to you) if working your way up the food chain at the insurer.

[Mr. Knowitall]

If you're impatient about how long things take after a month of negotiating with the insurance company, keep in mind that even if you file in small claims court and can get a prompt hearing, the insurance company may step in with its lawyer and ask that the case be removed to a regular trial court where it will typically take many months to get a trial date. If the damages merit hiring a lawyer, odds are you're already above the $7,000 limit for small claims.

What is the issue with the insurance company? Are they denying liability? Are they disagreeing with you on the value of the damages? Something else?

[carAccident]

Let me ask you this: how long does it usually take for an insurance company to determine who's at fault and settle the claim?

[carAccident]

Does anybody know?

[flyingron]

Usually if they think their client is not at fault they'll tell you NO right away.

[Mr. Knowitall]

The amount of time it takes varies depending upon the facts of the claim, the policies of the insurer, and the diligence of the party pursuing the claim and the adjuster processing the claim.

Insurance companies profit by working slowly. They make a huge portion of their revenue investing the pool of money they hold, so the longer they take to process claims the more profit they make on the 'float'. Also, their delays can cause a desperate claimant to agree to accept a lower amount than might be justified by the actual value of the claim. Even when they agree to pay a claim, many insurers will take six weeks or so to get a check out to you, based upon when your claim gets into their 'check cycle' - anything to hold on to the money a little bit longer.

[carAccident]

Thanks for the answers.

The reason for me being impatient besides don't wanting to drive a car with a significant hit in the rear, is that my state inspection sticker expires this month, and I don't think that it will pass the state inspection.

If it is rejected, I'll have 30 days to address the issues they find, and after that, the car cannot be driven until repaired.