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  1. #1
    Join Date
    Oct 2011
    Posts
    4

    Default How Long Can an Insurance Company Delay Settling a Collision Damage Claim

    My question involves an injury that occurred in the state of: Texas

    I was in a 4-car accident on Sept. 8 in Austin, TX that wasn't my fault. All four cars were deemed totaled. I'm already aware that the liability will be exceeded because she had only $25k in property damages, and was informed we would each get a percentage (after which I will sue her for the rest.) The estimates are in for both my car and another car (totaled.) A third person went through their own insurance company, while the fourth is the policy holder seemed liable. The insurance company, Liberty Mutual, says they won't pay anything out in property damage until they receive a demand for payment from the insurance company for the person that settled through their own insurance company.

    I was ok with waiting but now it's been six weeks, and it seems excessive, especially since I didn't get a rental car since I was told there was no money for it. I consulted an attorney who said it is first come, first served. He said ask them to send the statement/offer (about $17k for my car of which I will be lucky to get $8-10k) then immediately mail back a letter accepting the offer. However, the insurance company refuses to do this and says they will only settle when they have info on that additional car. They e-mailed me the amount they believe my car to be worth but, have not added in tax and title yet.

    So is there anything I can do? I want to buy another car and move on, but am ancy since I don't want to overspend. I have an injury claim pending, too, but knew that one would take a while.

  2. #2
    Join Date
    Sep 2011
    Location
    Oklahoma
    Posts
    232

    Default Re: How Long Can the Insurance Co. Stall Settling Totaled Car After Liability Exceede

    Why don't you just make a collision claim against your insurance and let them subrogate? You could have been paid in full a month ago.

  3. #3
    Join Date
    Oct 2011
    Posts
    4

    Default Re: How Long Can the Insurance Co. Stall Settling Totaled Car After Liability Exceede

    Unfortunately my insurance lapsed so that's not possible.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: How Long Can an Insurance Company Delay Settling a Collision Damage Claim

    I would not expect to receive anything from them except maybe for a bill for the expenses they have paid. You are partially at fault due to not being insured.

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