Can I sue my insurance for taking too long to repair my car??

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Can I sue my insurance for taking too long to repair my car??

I got into on accident and all the insurance collision
and repair shop did was take off the damage part and
it is almost a whole month for a minor damage

Asked on October 16, 2019 under Insurance Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, in theory. When an insurer takes unreasonably long, they can be sued by their insured for both "breach of contract," or violating their obligation under the policy, which is a contract, and/or for "breach of the implied covenant of good faith and fair dealing," or obligation to not act in such a way as to intentionally deprive the other party to the contract (e.g. the policy) of the benefit of it. But we say in theory becaue a court will not act until unreasonbly long has been taken, and in our experience, a month is not yet "unreasonably long"--i.e. not so long that a court would feel it appropriate to intervene. 


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