I was involved in an auto accident and my insurance company is acting funny

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I was involved in an auto accident and my insurance company is acting funny

I have been involved in a car accident where I hit a car at its rear but the vehicle ran off from the scene. I have used my car for Uber service before but at the time of the accident I was not using it for user of which I reliable told my insurance company. It’s been a week now and they have not said a word and they avoid the question as to the status of my claim. I have a comprehensive insurance policy with them. What should I do?

Asked on December 23, 2016 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

While you should give them a little more time--while it feels long to you, a week is not necessarily a long time to not hear from an insurer, especially around the holiday season when *everything* slows down--ultimately, if you feel they are not honoring their contractual obligation (an insurance policy is a contract) to pay your claim under the circumstances of this accident, you have the right to sue them for breach of contract. In that lawsuit, if you can prove that they should have paid but did not, you can get a court order or judgment requiring them to pay. You would need to show in court that under the terms of the policy and the circumstances of the accident, they were obligated to pay. If the amount of damage is less than the small claims limit, suing in small claims, as your own attorney ("pro se") is a very good option. So give them a little longer, but know that you can sue, if you need to.


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