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Complaint 7 of 36 in "Claim Denied or Delayed"

Insurance Carrier: Serenity Insurance
State: Wisconsin

Consumer Complaint:

My vehicle was in an accident with the opposing party at fault. I have not been compensated by the offenders insurance agency, and have been ignored thus far. My car is believed to be totaled, and I am without a safe, working vehicle.


Insurance Expert Answer:

This is always a difficult situation. Issues of fault are rarely 100% clear -- each party may well have his or her own views as to what happened and witnesses often have different perceptions too. Even if one party fully acknowledges and accepts all responsibility at the scene of the accident -- especially with telling that to lots of witnesses -- it's amazing how many people change their minds when they get home and talk to friends and family or counsel or their insurance agent.

We generally tell folks in your situation that if they have collision insurance, go to their own company, report the accident and get reimbursed initially from the collision coverage less the deductible. Your company will then go after the other driver's company and the 2 companies will work it out, and if the other company's drive is considered responsible, you'll get back most if not all the deductible. Your company owes you a duty of good faith.

IF you don't have collision, then you can complain to the state insurance department that the other driver's company is acting unfairly, and if the department senses the company is violating the unfair claims practices law of the state, the insurance department will possibly investigate and that may get them to pay you. If not you may have to sue the other driver in small claims court, if possible, or in another court if the damages are beyond the applicable limit of your local small claims courts.

If there was ANY personal injury, see a lawyer. They typically work on a contingency fee basis and won't take cases that are too small, but will tell you if they think you have a good enough case. Our www.AttorneyPages.com site lists many quality auto accident lawyers.