Should I sue an insuance company?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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