January 27, 2016

Asked 1/23/2016 – Dallas, TX

auto accident in which I was not at fault that resulted in an initial borderline total loss of the vehicle, additional damage was found when taken in for repairs and the insurance adjuster and appraiser were notified. so the vehicle was broken down to prep for repairs but no actual repairs took place and the vehicle has been deemed a total loss by their appraiser. no injuries to me or my kids but the driver that caused the wreck was not licensed yet he had liability insurance. his insurance company’s claims department have given me the runaround when I asked specific questions regarding the amount my car was appraised for and how much they are going to pay me for the car etc., by telling me quote “not my department” all the while I am without a vehicle and the adjuster said that they do not provide compensation for loss of use when the vehicle is a total loss so no rental car. it took them 2 months to respond to me after I first filed the claim and I cant leave my car at the body shop much longer to wait on the insurance company to get back to me on whether or not any change in compensation amount will occur.

Answer

Did you have insurance on your vehicle? You can submit the claim to your insurance company, then they will be subrogated (legal term) and will proceed against the uninsured driver and his insurance company. You can contact a local personal injury attorney to help you with this claim. You can also file a complaint with the State Board of Insurance against the insurance company who you believe is treating you unethically.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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