What are my rights regading a delayed payoff?

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What are my rights regading a delayed payoff?

My car was totaled and the other driver’s insurance company claimed 100%. It took 5 days to get a rental. I missed 1 day of work because of this. The bank still has not received the pay off check from he insurer and I am now paying for the rental car. When I explained this to the insurance company they said this is not there problem.

Asked on February 18, 2019 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your only recourse is, if they simply do not pay after what you deem an appropriate or reasonable amount of time is to sue the at-fault driver (you have to sue the driver, who is liable due to being at fault in the accident, not his/her insurer, which is not liable directly to you but rather is responsible to pay on his/her behalf if and when he/she is found to be liable) for the damage (e.g. repair costs) and any other out-of-pocket cost which were reasonably foreseeable or predictable as a result of the accident (like rental car costs). Unfortunately, once you have decided you have waited long enough, a lawsuit is the only way to move matters along.


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