What to do if I have had an insurance claim pending for 9 months and the company has failed to send me a check even though I have filled out all the necessary paperwork?

They have agreed to pay me $5000 (despite their adjuster saying my loss was over $12,000). I have called more than 20 times a week and I have been in contact with over 10 different adjusters. Each time the new adjuster says they don’t have my paperwork and I have to fill it all out again. I have the letter saying they will send the $5000 but they never do. My car is becoming unsafe to drive because I can not do the necessary repairs without that insurance payout.

Asked on July 17, 2015 under Insurance Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If yoiu believe that your insurer is violating their agreement to pay you the $5,000, as well as, more generally, their obligation under the terms of your policy (which is a contract) to compenstate you for covered losses, your recourse is to sue them for breach of contract; a lawsuit is, unfortunately, the only way to make them live up to their obligations when they seem unwiling to do so. That letter from them would be very good evidence in a lawsuit, since it shows what they agreed to do.


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