Flynrider
Phoenix,#2Consumer Comment
Tue, September 25, 2012
You've been screwing around with this insurance company for almost a year? That's nuts. They're hoping to drag this out long enough so that you either give up, or until your claim against their insured is no longer valid.
" After calling for months the claim was denied because they could not confirm with their insured. "
They can do this. All auto insurance contracts require that the insured assist the company in processing the claim. If they don't, the company is not contractually obligated to pay. Of course, this is all irrelevant to you, since the insurance company is not the party that has the liability to pay you back. It is the driver that rear ended you that is legally liable.
The insurance company has a contract with the other driver. That contract has nothing to do with you or your damages. Very simply, you need to pursue the other driver for damages and you need to do it before your opportunity to make a legal claim closes (if it hasn't already). It's normally a year in most jurisdictions. Just file against the other driver in small claims and be done with it. This should have taken less than a month last year.