Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Good evening. My name is ***** ***** I look forward to helping you.
This is 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 other driver a letter by certified mail and inform the driver of the driver's insurance company's position. Let the driver know that either the driver or their insurance company needs to pay for 50% of the diminution in value. Inform them that if not paid within a short specified period of time, you will have no choice but to sue the driver for the value loss. That will cause the driver to attack their insurance company to pay so the driver does not have to pay. The insurance company will pay you rather than face court, because if the insurance company is found to fail to reasonably settle, the insurance company will be liable not only for actual damages, but an additional amount equal to multiple times 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.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!
Thanks for following up. You'll sue the driver and the driver will then turn to the insurance company to defend the driver. You don't have privity of contract with the insurance company because it's the driver's insurance company rather than your insurance company. But, when you sue the driver, it will be both you and the driver against the insurance company. CarFax actually obtains information from a multitude of sources. A good discussion of the various sources can be found at: http://brokensecrets.com/2010/08/23/how-does-information-get-on-a-carfax-report/