Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Thank you for your question. Please permit me to assist you with your concerns.
How long has it been since you filed? I ask to see whether or not their delay is reasonable or not. Also, how large of a claim did you file with them?
Thank you for your patience.
The next step is to contact their claims division and ask for status. State that if they do not provide you with one within a reasonable time (such as within 14 days, for example), you will consider all legal options. Then, if they still refuse, you can file suit in small claims for the amount that you are owed. You can file against the trucking company directly, as they are always personally liable for the damage.
PS. I am here, I was just typing up your response.
I honestly cannot imagine any business filing for bankruptcy over $556. Unless they will file for other reasons on top of non-payment to you, the costs for filing for a commercial bankruptcy is between $3,000 to $5,000 as it is, so filing for small claims is a fairly low risk venture. And you can ask that the courts reimburse you for filing costs if you end up prevailing. I do agree that you are not guaranteed to win, but you also cannot make his insurance company end up paying you short of a judgment.