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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 53976
Experience:  Attorney with 29 years of experience.
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I am having issues with my auto insurance. I had my second

Customer Question

Hello my name is***** am having issues with my auto insurance. I had my second car stolen from me and they are not trying to help me out instead they are making me seem like the only suspect which is ridicolous. I live in Oakland, CA so the theft rate is pretty high. I just need to know what steps to take and what are my rights, what can I do to expidite this claim and have the insurance pay my vehicle.
Submitted: 5 months ago.
Category: Legal
Expert:  Richard replied 5 months ago.

Hi Arnold. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Customer: replied 5 months ago.
Ok thank you Richard much appreciated.
Expert:  Richard replied 5 months ago.

What you want to do is raise the stakes on them. If they didn't want to risk a claim, they should not have agreed to insure you. But, they did. So, they are going to have to pay the claim. This is so typical of insurance companies, particularly those you talk to by phone who think you will simply go away. The insurance company doesn't simply get the unilateral right to determine that an insured is not covered because they are not exactly an unbiased party. Write the insurance company a certified, return receipt requested letter explaining the situation in detail and demand that they agree to coverage within a short specified period of time or you will have no choice but to file a claim against them. BUT, be sure to mention you intend to file this claim as not only a breach of contract claim, but also as a failure to reasonably settle, which will entitle you not only to actual damages, but an additional amount equal to multiple times your actual damages as punitive damages. This is typically all you need do, because insurance companies want to avoid punitive damages and the bad publicity that comes with failing to settle. Plus, they have the added incentive to avoid going to court because they are aware that jurors are biased against insurance companies because most everyone has had an experience similar to yours.

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