How can i get the insurance company to promptly pay my claim?

A person driving a U haul truck hit my parked car. I'm trying to get U haul's insurance company to pay. The insurance company is conducting their investigation but can't find the person who rented the U haul truck. I believe they are stalling and should pay anyway regardless if they find him or not. What is the best way to handle this situation?

Atlanta, GA -

Attorney Answers (4)

Hung Quoc Nguyen

Hung Quoc Nguyen

Car / Auto Accident Lawyer - Norcross, GA
Answered

U-Hual should know who rented their vehicle. You should give them notice under OCGA 33-4-7. If they don't meet your demand within 60 days then sue them. If you get a verdict in court an amount of what you demanded they will owe you that plus minimum statutory damages of $5,000, court cost, and attorney fees. Good luck!

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Mark William Oakley

Mark William Oakley

Personal Injury Lawyer - Rockville, MD
Answered

If you have your own auto insurance, submit the claim under your insurance. Since it is not your fault, it should not have any adverse effect on your premiums. You may have to pay a deductible, but your company will pay for your auto repairs and get you back on the road ASAP. If you have rental reimbursement coverage, then you'll have a car while yours is being repaired. Then, your company will pursue a subrogation claim against U-Haul and their insurer, or the insurer of the person who rented the U-Haul, and will recover all the repair costs PLUS your deductible, and will mail you back your deductible. You insurer will do all the legwork, deal with all the phone calls and headaches, and will hire the lawyers and sue if necessary. You won't have to do a thing. That's why you bought auto insurance and paid a premium: to insure you against just this kind of loss. Take advantage of the insurance you paid for. Its your contractual right. Why waste another second of your valuable time? That's what you paid your insurance company to do for you.

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Christian K. Lassen II

Christian K. Lassen II

Car / Auto Accident Lawyer - Philadelphia, PA
Answered

You can either submit the claim to your own insurance, or you may have to wait a couple more weeks.

Philadelphia Personal Injury Lawyer. www.InjuryLawyerPhiladelphia.com
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Glen Edward Ashman

Glen Edward Ashman

Personal Injury Lawyer - East Point, GA
Answered

U-Haul obviously knows whom they rented to.

Do three things. One: call the state insurance commissioner to give them a shove on the claim.

Number two: Give notice under OCGA 33-4-7. If you have to sue, they will have to pay you an extra $5,000, court cost, and attorney fees for failure to pay in 60 days.

Number three: you can decide to skip one and two, and submit it to your own insurer. The catch is that you will pay the deductible.

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