Should I sue an insuance company?

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Should I sue an insuance company?

I was involved in an accident in August, and as a result had to be in a rental for 80 day, because of parts not arriving on time, and the claims adjuster’s delay in approving repair to the vehicle. When I returned the rental, I was billed for the time I was in the rental beyond the date it should have been repaired, which was about 40 days. The body shop is willing to cover 7-10 days of the bill, but the insurance company refuses to pay.

What should I do? THANKS

Asked on January 30, 2017 under Accident Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is unlikely you would win, at least entirely: when an insurer pays for a rental, they are only obligated to pay for a rental for a "reasonable" time. If there are delays, as long as they are not the insurer's delays, they are not liable for them. Possibly, if you can show that part of the 40 days were due  to the insurance company's adjuster's delay in approving repairs, you may be able to get extra coverage for that period of time, but not for any delays due to parts not arriving in time or other slowness, scheduling issues, or delays due to the body shop; you would only be able to get an extention for delays provably due to the insurer. It is not clear if it would be worthwhile taking legal action for that amount.


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