My car was rear-ended while parked and sustained damage to the rear and front-ends. Two other parties were involved. I filed a claim with the insurers of both parties, because my vehicle was not insured.
The first insurer declared the vehicle a total loss.
I requested a copy of the inspector's estimate from the second insurance company and received an estimate for front-end damages only. When I asked why the estimate did not include all damages, I was told I was sent the wrong estimate. They then sent the "correct" estimate and noticed it was written for rear-end damages only. I was told the second estimate was the one that was approved.
How do I get the insurance company to either honor both of their estimates or declare the vehicle totaled as the first insurer did? Do I need to file a complaint or just a civil suit?
Consider reporting the insurance company to the Insurance Commissioner of New York. Are both insurance companies accepting the loss? If so, use the first insurer
Legal disclaimer: The comments above by Dale Larrimore, Esq. are provided as general information and not as a legal opinion or legal advice, because all facts are not available. The person requesting information and all others reading the answer should retain an attorney in your state who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by Dale Larrimore, Esq., of Larrimore & Farnish, LLP, does not create an attorney/client relationship within any state or under Federal law.
You can file a complaint with the NY insurance commissioner's office and consult a bad faith insurance law attorney. Best of luck.
The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.
I'm not even sure how many vehicles were involved here. If you did not have insurance you do not have a bad faith faith claim. It is the insured that has a bad faith claim if the insurance company refuses to settle within the policy limits to avoid personal liability. In short you may have to sue the people that hit your car
Pick up the phone and contact a supervisor at the insurance carrier to find out why they are not including both the front and rear damage. It may be some kind of simple oversight on their part. If you feel the carrier is not being fair with you, file a complaint with the insurance Commissioner's office in your state.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
You have a right to rely on the first appraisal that your car is a total loss. If you have collision coverage on your policy, you can submit your property damage claim with your auto carrier and leave it to your auto carrier to recoup their money and your deductible from the auto carrier(s) responsible for this loss. (ie, suborgation) You may also want to file a complaint with the New York State Commisioner of Insurance.
The answers to these questions are based on a cursory view of the scenario, and in no way constitutes an obligation to either party. Call our law offices at (845) 294-8900 for a free official consultation on your legal matter.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline