What is the time line to complete an auto theft insurance claim?

My car was stolen about 2 months ago and the Insurance company keeps giving me the run around not giving me straight answer about what is going on with my claim. I requested a written detail response regarding my claim and they haven’t sent it to me they keep saying they have and investigator checking the oil in my car. The car was found several days later and they put it as a total loss it’s been 2 months with out any real answers and I feel that they are giving me the runaround. What action can I take to help speed up the process?

Asked on July 6, 2017 under Insurance Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your recourse is to sue your insurer for "breach of contract"--that is, for violating their contractual obligation (an insurance policy is a contract) to pay a covered loss. There is no hard-and-fast time frame for them to complete the claim, but they are held to a standard of "reasonableness"--at two months, they are edging out of what is reasonable. You might give them  few weeks, then file your case. If the car's value is less than the limit for small claims court, suing in small claims on a "pro se" (as your own attorney) basis is very cost effective. To win, you will need to show that under the terms of the policy and the facts of the situation, they should pay; if you do that, the court will order them to pay.

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