QUESTION

Is there a law requires how soon the lady's insurance company has to take care of my loss?

Asked on Oct 03rd, 2013 on Automobile Accidents - Indiana
More details to this question:
A lady failed to yield and damaged my brand new car. Police report is out. I had no fault.
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1 ANSWER

In my experience, there is no bright-line rule to your question of how quickly an insurance company must resolve and pay a property damage claim.  The answer will depend on the facts relating to responsibility for causing the incident. However, in any situation where legal liability is reasonably clear, an automobile liability insurer has certain obligations to the individual(s) to whom its driver is liable.  For example, Indiana Code Section 27-4-1-4.5 prohibits an insurer from failing to promptly settle a claim under one portion of an insurance policy in order to influence settlements under another portion of that policy.  This law often comes into play when a claimant has suffered property damage to her vehicle as well as bodily injuries resulting from the collision.  In such an instance, Indiana insurance law forbids a liability carrier from holding a property damage claim hostage while awaiting the resolution of a personal injury claim arising from the same event. Anonymous, even if you do not have injuries to your person, and it is only your vehicle that has been damaged, you still deserve to have this matter resolved in a timely and equitable fashion.   You have a right to have your vehicle appraised by the other driver's insurance company according to the NADA guidelines and to be compensated for either: 1) the diminishment in value / cost of repair, or 2) if the damage is deemed a total loss, the fair market value of the vehicle (and any options, accessories, etc.) at the time of the incident.   Since automobiles are considered more fungible than human bodies and human lives, property damage claims are generally easier to resolve than personal injury claims.  Thus, in most of the personal injury claims that our attorneys handle, we encourage our clients to try to resolve the property damage portion on their own.  If you have suffered real injuries as a result of your recent collision, I would encourage you to at least consult with an experienced Indiana personal injury law firm.  If, on the other hand, the only damage claimed is to the body of your vehicle, I am hopeful you can work with the other driver's insurance company toward a fair resolution. One final piece of advice: If the other driver's insurer is being obstinate and not paying the claim, you should contact your own insurance company and file a claim under the "Collision" portion of your coverage.  Your insurer is bound by the same laws as the other driver's, but there is the added benefit that it is your insurer, which presumably wants to keep your business and continue to collect your premium payments.  Making a claim under Collision Coverage may require that you pay a deductible, but you will get the proceeds owed to you quicker than continuing to fight the other party's carrier.  Your insurance company will then use its arsenal of resources to go after the at-fault driver's insurer for reimbursement of the amounts it paid on your behalf. Good luck! Lance R. Ladendorf
Answered on Oct 08th, 2013 at 6:39 PM

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