UPDATED: Sep 30, 2022
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I had an auto accident in March 2017 and reported it to the insurance company. I was driving a friends car. I am fully covered with Progressive fir 20 years and licensed in CA. Progressive started and insurance claim and said they could cover it under my policy. Then I heard nothing from them. I called them back and they are claiming I am trying to commit fraud, but they have sent me nothing stating that. The car was a Hummer 2 that had just come from the body shop for custom work. Can you give me any advise on whether I have a legal right to sue them? They have not closed the claim but they are not making any effort to resolve this claim unless I sue them.
Asked on July 24, 2017 under Accident Law, Washington
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you believe, as you evidently do, that under the plain terms of the insurance policy (which is a contract) and given the facts of this situation, that they should pay your claim, you could sue them for "breach of contract": for violating their contractual obligation. If you can prove in court by a "preponderance of the evidence" (that it is "more likely than not") that given the facts and the policy language, that they should pay, you can get a court order ("judgment") requiring them to do. Suing is how you force someone to pay when they will not honor their contractual obligations.
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