Auto insurance company won't pay up. What should I do?
6 attorney answers
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File a policyholder's proof of loss for both and send them certified mail return receipt.
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You may want to consider getting the manager of your adjuster on the telephone and explaining the situation.
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Call the main claims number, get the adjuster's supervisor's name and contact information. Send the adjuster and supervisor the same letter and provide a timeline showing when the claim was made and when you have called only for nobody to answer. Then tell them they are in violation of Texas law for failure to timely process your claim, specifically this portion of the Texas Insurance Code:
Sec. 542.056. NOTICE OF ACCEPTANCE OR REJECTION OF CLAIM. (a) Except as provided by Subsection (b) or (d), an insurer shall notify a claimant in writing of the acceptance or rejection of a claim not later than the 15th business day after the date the insurer receives all items, statements, and forms required by the insurer to secure final proof of loss.
(b) If an insurer has a reasonable basis to believe that a loss resulted from arson, the insurer shall notify the claimant in writing of the acceptance or rejection of the claim not later than the 30th day after the date the insurer receives all items, statements, and forms required by the insurer.
(c) If the insurer rejects the claim, the notice required by Subsection (a) or (b) must state the reasons for the rejection.
(d) If the insurer is unable to accept or reject the claim within the period specified by Subsection (a) or (b), the insurer, within that same period, shall notify the claimant of the reasons that the insurer needs additional time. The insurer shall accept or reject the claim not later than the 45th day after the date the insurer notifies a claimant under this subsection.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
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Make a complaint with the Texas Department of Insurance.
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Use Avvo find a lawyer feature to find insurance lawyer as insurance counsel has a duty to timely adjust your claim.