QUESTION
Can I file suit for lost income and damages because of a third-party insurance claim being unfairly handled?
Asked on Aug 06th, 2015 on Automobile Accidents - North Carolina
More details to this question:
My company's property did significant damage to my husband's car. I filed a claim with the company's insurance co. as instructed. They took two week's to accept liability and get us a rental, during which time he was unable to work, and I had to find alternate ways to my own work, sometimes cabs, for fear of losing my job. We then lost further income to maintaining the rental car. We are a single car household and his work is delivering food, so his job is tied to the car. The independent appraiser undervalued the car and the insurance company would not accept the corrected NADA paperwork I gave them. Because of the undervalued appraisal of the car they are saying they will declare it a total loss. This still ongoing process has now taken over a month. if they declare the car a total loss we will not be able to afford a replacement and my husband will lose his job. They have already accepted liability, and all I want is for them to repair the damage their client, my employer, caused
1 ANSWER
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Dear Anonymous:
To answer your first question, YES, you may file suit for lost income and other damages. The facts of your case are tricky, so I would encourage you to seek legal representation in battling the insurance company on this claim. You and your husband will have the burden to prove all of your damages. This will include explaining the ins-and-outs of your husband’s business to a jury, so they understand that there was no way to mitigate damage. As far as the property damages goes, it is possible that you can fight the value of the vehicle the insurance company is putting on it, but this can often be a very difficult task. Much depends on how drastically different your appraisal is from their’s.
This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.
Answered on Aug 31st, 2015 at 11:13 AM