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Is it normal to have a lawyer and has been almost 2 mo since the accident , the person who hit us insurance has not accepted lia

Mesa, AZ |

My son who was excluded from my policy was driving when we were hit by a person in a rental. My insurance denied the claim ofcourse so i hired a lawyer. It has been almost 2 months and the other insurance has not accepted liability. The police report has been recieved. My car is totaled sitting at a collission shop for almost 2 months. Is this normal?

Attorney Answers 4

Posted

Sadly, the answer is "absolutely."

And there's little that any attorney can do to "force" a third-party insurance company to accept responsibility for a collision. In fact, it is not uncommon for these third-party insurers to deny even the most basic details about the accident.

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Daniel Nelson Deasy

Daniel Nelson Deasy

Posted

Good answer.

Posted

Sadly, yes; this is normal. The other insurance company may continue to deny liability, and you may have to file suit and go to trial. Remember that you have a two year statute of limitation to file the law suit. Call your attorney for more specifics on what the insurance company is saying and when suit will be filed. Good luck.

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Gary A Kester

Gary A Kester

Posted

I agree with my asteemed fellow attorneys and can only add that there may be a violation of ARS 20-461. 20-461. Unfair claim settlement practices A. A person shall not commit or perform with such a frequency to indicate as a general business practice any of the following: 1. Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue. 2. Failing to acknowledge and act reasonably and promptly upon communications with respect to claims arising under an insurance policy. 3. Failing to adopt and implement reasonable standards for the prompt investigation of claims arising under an insurance policy. 4. Refusing to pay claims without conducting a reasonable investigation based upon all available information. 5. Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed. 6. Not attempting in good faith to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear. 7. As a property or casualty insurer, failing to recognize a valid assignment of a claim. The property or casualty insurer shall have the rights consistent with the provisions of its insurance policy to receive notice of loss or claim and to all defenses it may have to the loss or claim, but not otherwise to restrict an assignment of a loss or claim after a loss has occurred. 8. Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by the insureds. 9. Attempting to settle a claim for less than the amount to which a reasonable person would have believed he was entitled by reference to written or printed advertising material accompanying or made part of an application. 10. Attempting to settle claims on the basis of an application which was altered without notice to, or knowledge or consent of, the insured. 11. Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which the payments are being made. 12. Making known to insureds or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration. 13. Delaying the investigation or payment of claims by requiring an insured, a claimant or the physician of either to submit a preliminary claim report and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information. 14. Failing to promptly settle claims if liability has become reasonably clear under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage. 15. Failing to promptly provide a reasonable explanation of the basis in the insurance policy relative to the facts or applicable law for denial of a claim or for the offer of a compromise settlement. 16. Attempting to settle claims for the replacement of any nonmechanical sheet metal or plastic part which generally constitutes the exterior of a motor vehicle, including inner and outer panels, with an aftermarket crash part which is not made by or for the manufacturer of an insured's motor vehicle unless the part meets the specifications of section 44-1292 and unless the consumer is advised in a written notice attached to or printed on a repair estimate which: (a) Clearly identifies each part. (b) Contains the following information in ten point or larger type: This estimate has been prepared based on the use of replacement parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle. 17. As an insurer subject to section 20-826, 20-1342, 20-1402 or 20-1404, or as an insurer

Posted

It is not unusual, but what is your lawyer doing about it?

The adverse insurance is not required to make a claim determination. Ever. They can ignore you if they want.

That is what attorneys are for. If warranted, an attorney working for you can file a lawsuit and MAKE THEM come to the table.

Ask your attorney: What are your intentions here?

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3 comments

Asker

Posted

It is a paralegal that I speak with the most. She states that she leaves daily messages stating what is the problem, she sent them the police report and she needs them to respond. That was a conversation we had today. She also stated she was going to speak with the lawyer that maybe that is what they need is to hear from him.

Asker

Posted

Meanwhile, tomorrow will be the last day i can afford a rental and will need to make a car payment as well. I explained that I do not know what to do at this point, I have ran out of money and options.

Christopher J Zachar

Christopher J Zachar

Posted

My advise: Call another attorney. Get a second opinion from an attorney who will be actively involved in your case.

Posted

First have you spoken with your attorney regarding this? If not you should immediately.

The above statement does not create an attorney-client relationship and the submitting party should not consider the responding their attorney.

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