If the insurance company is dragging their feet on paying me what’s my next move?

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If the insurance company is dragging their feet on paying me what’s my next move?

About 2 months ago, my parked car was hit by my neighbor. The police were called and a report was filed. Now I’m still waiting on the insurance company to re-issue my check; the first check that they sent had my name wrong. I sent it back and every week I hear the same lie, that it’s being sending it out. I’ve had enough of this mess already. I need my car fixed and this company is holding my money for what reason I don’t know.

Asked on May 29, 2019 under Accident Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If it is your insurer who is not reissuing the check (e.g. you have a collission policy which you claimed under), you can sue them for breach of contract: for violating their contractual (the insurance policy is a contract) obligation to pay your claim when the terms of the policy indicate they should.
If it is the other driver's insurer who is not paying, if you have not yet sued the other driver in court and won, getting a judgment for the money, you have to sue the other driver, not the insurer. The other driver's insuer is not your insurer: you are not their customer, you did not pay for the policy, etc. They have no obligation to you: their obligation is to their own driver, to defend him and pay any amounts (up to policy limits) he is ordered to pay. Often, they choose to voluntarily pay without a lawsuit being filed, if they feel settling the matter without litigation is the most cost-effective option, but they don't have to pay unless and until a court orders their driver to pay. Therefore, if the other driver's insurer will not pay for any reason, your only option to move matters along is to sue the other driver in court and prove his fault in causing the accident (which should be easy, if he hit a parked car).


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