My car was totaled by ins co but ins co is delaying payment to lienholder

My car was totaled in an auto accident
8/28/16 from a driver who hit my
parked car. It was determined by State
Farm to be a total loss, but State Farm
continues to provide excuses for
remitting payment to Kia Motor
Finance. What legal recourse can I
take against them? This is now
impacting my ability to get another car
and my credit rating.

Asked on September 14, 2016 under Insurance Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can try contacting the state insurance regulator or commissioner's office to file a complaint: they may be able yo help you. If they can't or won't, all you can do is threaten to sue them for breach of contract (not honoring their contractual obligation to pay--insurance policies are contracts--when, under the terms of the policy they should); if they still won't pay, then follow through and sue them.


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