How do you sue an auto insurance company?
ByI was in a car wreck 2 years ago, from what I was told by the agent from my car insurance company the case was settled. I signed some forms saying I will pay $700.00 and I paid them the whole amount within 2 weeks. My agent said if there anything that came up about the case he would call me. He never did, so I assumed everything was fine. I even called him just in case to make sure and he said everything was handled. Now, 2 years later I get a letter from the credit collection company saying I owe $82,000!!!! I want to sue since they never kept me updated on this, and I am positive my agent knew what was going on OR just didnt close the case and didnt bother to tell me…, and its already affecting my credit since it was reported to the credit collectors. What kind of lawyer do I go to? And can I even sue them in the first place? Please HELP!
4 Comments
February 9th, 2010 at 7:05 am
You can’t sue yet, first report this to your State’s Insurance Commissioner for an investigation.
February 9th, 2010 at 7:23 am
Well, you hire a lawyer, to sue.
As an agent, I can tell you that AGENTS aren’t informed as claims are processed – they’ll get a report once a year, of all their losses. The AGENT doesn’t handle the claim at all.
You’re not going to get a civil lawyer to take this case, defending you against a collection agency, without paying him thousands up front.
BUT.
The first thing to do, is dispute this debt. The credit collection company needs to tell you exacly WHY you owe every cent from this claim. If the person you hit sued you, and your insurance company didn’t show up in court to defend you, even afteryou turned the papers over to the insurance company, and the judge gave a judgement, THEN you probably need to either work out a settlement, or file bankruptcy over it.
Where to go from that, is going to depend on WHY you owe the money, exactly how much you owe, and to whom you owe it. It could all be a mistake. You probably should sit down with your agent, and let them make the call to the collection agency for you, with you right there.
February 9th, 2010 at 8:17 am
Verbal promises from an insurance agent mean nothing. The only thing that matters is your policy itself. That said, your posting is unclear. You signed what “forms” to pay $700 to whom? What is the original source of this debt that is now in the hands of a collection agency? There’s a lot to this story that you’re leaving out.
February 9th, 2010 at 8:46 am
The agent has nothing to do with the claim. Call the claims department and speak a manager. Have the claims department explain what happened and why.
Who did you pay the $700 to and why? Do you have proof you paid?
Did the other party sue you in court? Is there a judgement against you? The claims department is the only place you will get some help. And, maybe you can file a complaint with the Department of Insurance in your state.