North Carolina. A drunk driver crossed the center line, hit me head on and reached my car. Before, it hit me, he made two other cars to collide and to avoid sideswiped another car. The driver is not insured.
The owner of the car is insured. Neither the driver or car owner can be located, at least according to the insurance company of the owner of the car. I used my collision insurance to pay off the car loan. I have a bill emergency room that is in limbo because the owner of the insurance company of the car has not accepted or denied coverage.
My insurance company argues that its hands are tied until the other insurance company makes a decision. It has been 34 days since I filed the application. What is the time to make a decision on liability? The owner of the insurance company of the car said they should contact the owner of the policy. Thank you very much for your help. I'm stuck with a bill $ 8,000 emergency room and no idea who pays..
asked Feb 29 '12 at 19:46
In most cases, insurance companies have 30 days to render a decision on liability and coverage. However, insurance companies are required to explain in writing why they are not making a decision ( ie their driver can not be located).
Most insurance companies do not make a decision without the participation of the client if the damage and liability can be established by other evidence. If a police report, for example, is clear on who was at fault, the insurance company would have enough evidence to make a decision on the 30 day mark. If the facts of accidents are quite difficult to establish ( many cars), then the insurance company has a "more reasonable" time to make that determination.
Some insurance companies will simply refuse your request and argue that their policy has been violated because their client failed to cooperate. Most insurance policies have a duty to cooperate on these clauses and some insurance companies allow you to pay you $ 8,000 out of pocket.
In any event, it seems that you have an injury claim here. Visit our section on how to document your claim. Also consider hiring a lawyer. Most insurance companies will decide to pay damages if they see that they do not, their payments will increase if possible you got a lawyer.
This is not the best cause of action, but given the fact that the insurance company may "opt out" request stating refuse to cooperate, you are better to get yourself a lawyer.
To find a lawyer near you, click here.
answered Mar 04 '12 at 03:57