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How should I handle an auto insurance claim with our insurance company.They say it can take 229 days for reimbursement.

San Diego, CA |

We have full coverage Insurance w/$1000 deductable. My daughter was in a 4/5 car collision on the freeway. She was the third car.Car 2 swerved into her lane attempting to avoid hitting car 1. Car 2 hit Car 1 and (our car) Car 3 hit car 2. Then Car 4 hit both car 2 & 3 from behind. The car was totalled. The insurance co.wants to pay us off for our car (low but acceptable) Our insurance said we have a 70% chance to recover our deductable, car rental, and 2 days of missed work. They said it will take about 229 days and we may only get a % of that since she will be assigned partial fault. I think our insurance co. is the one assigning her as partially at fault. If someone hit us from behind shouldn't theiir ins.co take care of our deductable, rental,etc?Should I file a claim with other ins co

Attorney Answers 4


  1. Best answer

    Reimbursement of a deductible can regularly take 6 months or more. If you can wait then let the insurance company sort things out. If you can't then file a lawsuit. Depending on the amount of the damage, and particularly if you were injured, then contact an attorney asap.


  2. You should immediately consult a local attorney regarding helping you with this matter. Since this was posted in the personal injury section, I assume that your daughter was injured in this accident. And based on the description of the accident, I think there is an argument that your daughter is not at fault at all in this accident.

    As such, an attorney may be able to assist you with both the bodily injury and property damage aspects of the case. Injury claims should be filed with each vehicle responsible for the accident, so cars 2,4 & 5 based on your facts. Also, often those vehicles will have property damage to other vehicles built into their policies to help cover you if your collision wont cover everything. If you (and the attorney) disagree that your daughter was at fault an "unfair and deceptive trade practices" letter may be a good idea to either your insurance company or any other insurance company involved who is claiming fault. These types of letters often get the attention of the company and you will get the full benefits you deserve.

    Definitely consult an attorney in your area to protect your rights as the requirements for insurance coverage and procedures for filing claims varies by state.


  3. Your insurance company is pusuing the at fault party to recover what it paid you along with your deductable out of pocket. They can accomplish this through arbitration with the insurance company or suit against the responsible party.If a lawsuit is filed the defendant has a right to defend the case claiming that your daughter was partially at fault. If that happens a lawsuit will be filed against your daughter. If your daughter was injured in the accident you need to secure the services of a local personal injury attorney to decide what is best for both of you.


  4. My firm handles car accident cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.

    My website is located at www.thepersonalinjury.com .

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