“Someone hit my car and their insurance company says they are still investigating even though it has been several weeks!” It’s is a pretty common call we get and there are a couple of approaches.
- Remember that contingency fee (no win no pay) lawyers only work on cases with physical injuries involved. There is no way to get paid on property damage only, so if it is only repairs etc. any lawyer will be out of pocket for you.
- If it is property damage only, go through your own collision coverage as it will be much easier and then your company will get your deductible back in a behind the scenes process called inter-company arbitration.
- If there is an injury and the other insurance company is refusing to deal with it, then hire an injury lawyer and require that they handle the property damage along with the injury claim. Make em earn their fee!
- If you don’t have insurance and no injury, then send a OCGA 33-4-7 bad faith property damage demand letter. Here is a sample bad faith property damage letter.
These are the best options depending on the coverage situation. This begs the question of “why” is the insurance company still investigating the claim? It usually comes down to a few issues:
- The insured is telling conflicting stories to the insurance company and they are obliged to trust their driver, to a point.
- The person driving the car was not on the policy and they are investigating whether the coverage will apply.
- They believe that if you don’t have insurance and there is no injury, then no lawyer is going to get involved so the whole case will go away eventually.
Just remember, insurance companies are like the government, everything has to be documented in paper and proved up. Dot your I’s and cross your T’s.