What to do if an insurer won’t honor a claim?

I have a vehicle which was parked on the side of the street in front of my residence. A waste management’s recycle truck failed to properly retract their claw, which picks up the cans. In the process of moving foreword to the next can my vehicle was clipped. There was minor damage to the driver’s side front end. The vehicle is 27 years old. The damage estimate was $1422 from a reputable repair shop. The estimate was only on the damage caused by the truck. There was prior areas of damage to other parts of the vehicle. The company’s insurer does not want to pay for the damage caused by the company they insure. What options are there?

Asked on March 13, 2014 under Accident Law, New Mexico

Answers:

Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

Your main option is to sue the waste management company and the driver of the vehicle.  The insurer will have to provide its insured with a defense.  They will not want to litigate this and will most likely cough up the money once they are sued.


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