QUESTION
Do I have a case against my auto insurance company?
Asked on Apr 26th, 2013 on Automobile Accidents - Michigan
More details to this question:
My car recently suffered from flood damage. The car was arranged by my insurance adjuster to be towed to one of their "Preferred Shops", to be "Inspected" and given a damage estimate. The shop was given the go ahead by my adjuster to be "Fixed", without my authorization. I was okay with the car being estimated, but did not want it to be fixed at this shop. We were told to come pick up the car a week later from the shop and told that the car was "Fixed". When I picked up the car, there was still water in the trunk, the carpet and seats were still damp, the a/c didn't work, and my power seats are broken. We were very unhappy that the shop and our adjuster took it upon themselves to fix the car. Not to mention, the car has many issues that never got fixed, the insurance adjuster closed the case on us knowing we were still getting a second opinion. We told the insurance company the car would be going to the proper dealership to have a second opinion. The dealership that the car is currently at says the car "should have been totaled". Meanwhile one insurance adjuster is covering for another and they are both denying the car not being fixed properly the first time. This entire time we are getting the run-around from the insurance company, and I am paying $23 a day for a rental car. The car sat at a shop for a week where the shop says they did work they never did properly, an entire week wasted. This rental car is costing me a lot of money and the insurance company is trying to give me back a car that will never be the same, possibly a hazard to my safety. Do I have a case here? Possibly mental anguish and the insurance company doing us wrong? What can I do here?Thank you
10 ANSWERS
Ronald A. Steinberg
Tell your insurance company about the problems with their "preferred" repair shop. If you sue anyone, sue both the shop and your insurance company. I would also go to the attorney general and claim insurance fraud, because the shop got paid under false pretenses. I would claim that the insurance claims adjuster never inspected the final "job" before paying, and that was incompetent and negligent on his part.
Answered on Apr 30th, 2013 at 1:36 PM
Civil Litigation Attorney serving Van Nuys, CA
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Law Offices of Alexander Edward Gilburg
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According to your description of the facts, I think you have a case against your carrier for breach of contract and, if they persist in their behavior, possibly even bad faith, which would include your emotional distress claims. Unfortunately, these are very complex issues, so I strongly recommend you hire an attorney to represent you. You may call me at 818.780.7337 to discuss this matter further.
Answered on Apr 28th, 2013 at 9:36 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Based on these facts you likely do have a cause of action against the insurance company. It would be a breach of contract suit primarily (for which you would not ordinarily be entitled to damages for infliction of emotion distress). But you might also have a cause of action for 'bad faith' on the part of the insurance company. Bad faith actions sometimes bring large punitive damages. You would do well to consult a skilled plaintiff's lawyer, and soon.
Answered on Apr 28th, 2013 at 8:26 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It would be best if you have the resources to replace the car yourself while you sue the insurer. Unfortunately, suits take a long time, and the court may not award the cost of a rental car for the time it takes the case to go to court, (assuming it does, it may settle). Another problem is, even if you win and all you get is the total value of the vehicle, after paying your attorney, you will not fully recover. If you file suit, hopefully the attorney can nail them for bad faith refusal to settle, which can involve punitive damages. I do not think you can recover emotional distress for this type of case. If you did not sign a release saying the case is settled, then the claim is not settled and you can sue.
Answered on Apr 28th, 2013 at 8:21 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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In Washington state, the insurance companies cannot force you to use one of their preferred providers. If they sent the vehicle to one of their preferred providers and then gave the repair shop the go-ahead without your permission, they have violated the insurance code and the WAC provisions governing insurance companies. For starters, contact the Insurance Commissioner's office and truthfully explain to them what happened. If that contact doesn't resolve the problem, then you may have to hire your own attorney.
Answered on Apr 28th, 2013 at 8:20 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I don't know what you can do. The shop would not have normally "fixed" your car nor would te insurance company have paid them unless and until you sign authorizations and perhaps release. If you have not signed any tupe of release sue the rascals. If under $5000 use small claims court for speed. If over 5 you must go district court. Things will move very slowly. There is no quick way to do things. But if you think what they have done is maybe illegal, qrite a sweet detail letter to the commission of insurance in Raleigh.
Answered on Apr 28th, 2013 at 8:20 PM
James Eugene Hasser
You may possibly have something there against the insurance company for breach of contract and bad faith. Talk with a lawyer familiar with bad faith insurance cases.
Answered on Apr 28th, 2013 at 8:17 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Under section 627.428, Florida Statutes, if you have to sue your own insurance company for not doing right by you, if you win the insurance company has to pay your attorney a "reasonable attorneys fee"....go see a lawyer right away.
Answered on Apr 28th, 2013 at 8:16 PM
Thomas Edward Gates
Yes, but retain an attorney to assist you.
Answered on Apr 28th, 2013 at 8:12 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You obviously have a dispute with your insurance company, and will need an attorney to review the policy and advise you of your rights.
Answered on Apr 28th, 2013 at 8:07 PM