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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Consumer Protection Law
Satisfied Customers: 41220
Experience:  Licensed in PA & NJ, Experienced attorney.
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Trucking company cause personal property to my new SUV. I

Customer Question

Trucking company cause personal property to my new SUV. I filed a claim with the trucking company's insurance company and had a police report at the time of the incident. The insurance company will not give me an answer as to the status of the claim. What can I do?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dimitry Esquire replied 1 year ago.

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?

Customer: replied 1 year ago.
Since June 26 2015 and the claim is $556
Customer: replied 1 year ago.
Are you there Dimitry?
Expert:  Dimitry Esquire replied 1 year ago.

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.

Sincerely,

Dimitry, Esq.

PS. I am here, I was just typing up your response.

Customer: replied 1 year ago.
I am way past that I have called for status several times since June 26. I am concerned about small claims court because I have to pay and I may not get anything out of the judgment if the trucking company files bankruptcy.
Customer: replied 1 year ago.
Dimitry, Sorry I have to go to a business meeting now.
Expert:  Dimitry Esquire replied 1 year ago.

Hi,

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.

Sincerely,

Dimitry, Esq.

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