can the insurance delay and deny my claim

UPDATED: Sep 30, 2022

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can the insurance delay and deny my claim

My 2 children and I were rear-ended the other night and I had to go to the ER; I was there until the next morning. I then called to file the claim with the at fault driver’s insurance company. The claims adjuster called me back and stated that she would need to speak with the insured and/or driver’s parents and that she would call me back later that day. She never did. I have went through the entire weekend with no transportation. So when I called this morning she stated that she did speak with them and still nothing because she is waiting for pictures and the police report. I was rear-ended and I am having a hard time trying to understand if they can do this. I feel like they should try to at least accommodate me because of the accident; I still have appointments, school, etc. to get to. Can you tell me if they can do this or not and what do I need to do to get this resolved? My vehicle is not drivable – it drives sideways and the engine light is now on. Also, my insurer said they could advocate for me but it would be a claim on my policy. And since it was not my fault, I did not want to go that route. Any assistance you can help me with would be greatly appreciated.

Asked on November 14, 2016 under Accident Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is no hard and fast deadline in the law for when they have to resolve this, and furthermore, the other driver's insurer owes no duty or obligation directly to you--you're not the one who bought or paid for the policy. Their duty is to their insured, to defend and/or pay for her if she is sued or looks like she will be sued and was at fault. Your only options to move matters along are 1) sue the at-fault driver--that may force her insurer to act, since they do have to defend or indemnify (pay for) her; or 2) put in a claim under your own policy, since your own insurer does have a duty or obligation to you.

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