This “How To” article is crucial, up-to-date information concerning what to
do if your Insurance
Company is giving you a hard time (regarding your own motor vehicle
accident claim with them) and you’re positive it’s “Legit”. If there’s some
problems with whatever position they’ve taken regarding your Property Damage
Loss (or any other coverage-questions they may be ducking/stalling/ignoring
and/or disputing) you don’t have to sit back and take it!

You DO have options to settle your dispute and you should proceed as follows:

#1. FIRST, LET YOUR AGENT KNOW YOU’RE UNHAPPY: Ask them to go to bat for you.
If they sit on their butt (afraid or “too busy” to get “involved” with your
“problem”) find out the name and phone number or your insurance companies
nearest Claims Department. Contact them and ask for help. (Never forget, you’re
their insured, your premium’s pay their salary). If the person you’re talking to
attempts to handle your problem with uncaring indifference, just like your agent
has, than find and talk to that individual’s boss - - The Vice President of
Claims and/or whomever.

#2. BE PREPARED TO SUPPORT YOUR CASE: Have ready all documents, plus a
covering letter (to snail mail to that person your finally talking to) proving
your point and explaining why you’re not satisfied. (Send it to them PERSONAL
AND CONFIDENTIAL - - with a signed “Return Receipt” requested).

#4. CONTACT YOUR LOCAL INSURANCE DEPARTMENT: If you’ve followed your
insurance company’s rules for resolving a dispute, and you’re still not
satisfied, your own Local Insurance Department can help you. You can reach them
by phone, or mail, or often online.

WHAT THEY CAN DO FOR YOU: Many insurance departments offer on-the-phone
assistance to help resolve the “Problem” without requiring you to file a formal
“Written Complaint“. Most post their complaint forms on their Web sites,
allowing you to print out the document, complete it at home, and mail it to
them. (If they don’t have a web site ask that they snail mail their “Written
Complaint” form right out to you) !

After you provide them with all the necessary information (including your
policy or claim number and supporting documentation) they will notify the
insurance company (or agent) you’re complaining about. The company (or agent) is
then required to respond to the department within a certain amount of time,
usually between 10 to 30 days, depending upon the area where you live.

Upon receiving a reply, Insurance Department officials will dig deeper,
trying to determine what can and should be done. This process usually takes
about 30 days.

If the Insurance Department decides against the agent or the insurance
company (which is clearly stated - - and one both your insurance company and
your agent know to be a fact of their business life they‘d prefer not to get
hung up on - - nor be forced to deal with) the Insurance Department has the
power to levy a variety of penalties, ranging from a fine to actually revoking
the license of the agent or company. (When it comes down to the nitty-gritty,
these departments have all the power they need to penalize companies that are
deliberately ducking or dragging their feet).

After reading the above, you may want to consider hiring an attorney to
represent you because it can get complicated! If you do, find one who
specializes in Auto Insurance. Attorney’s work either at an hourly rate or on a
“Contingency-Fee Basis“, depending on the type of case. If you decide to go that
route be sure to get your lawyer’s “Fee Structure” in writing. And (to remain
current on the progress of your claim) insist that you receive copies of all
correspondence. PLUS: Be sure your lawyer knows that he or she must have your
agreement - - before committing to any settlement!

DISCLAIMER: This article is intended for background information. Its only
purpose is to help people understand the motor vehicle accident claim process.
Bruce Gow makes no guarantee of any kind whatsoever, NOR does he purport to
engage in rendering any professional or legal service, NOR to substitute for a
lawyer, an insurance adjuster, or claims consultant, or the like. Where such
professional help is desired IT IS THE INDIVIDUALS RESPONSIBILITY to obtain it.