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On 8/12/17 my semi was parked at the TA travel center here…

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Hello, On 8/12/17 my...

Hello, On 8/12/17 my semi was parked at the TA travel center here in Slidell,La when a Swift Transportation driver made a short right turn & side swiped my truck causing over $5000.00 in damages. The Police was called out and we swap info. I called the driver company and was setup with and adjuster she requested that I send over a detailed estimate with pics of damage I did, I explained to the adjuster that I am a owner/operator and I would need a rental truck while my truck was down she said that was not a problem to just send the invoices in and they would reimburse me my money, well they paid freightliner to fix my truck but will not answer my calls or emails but when I call from a different phone number and the adjuster realize it's me she either hang up or tell me there other caller ahead of me and she would call right back the amount owed to me is $ 3681.99 for truck rental8/13/17-9/9/17. My Question is what should be my next step in being reimbursed

Lawyer's Assistant: What state is this in? And how old is the truck?

Louisiana 2010 freightliner

Lawyer's Assistant: Has anything been filed or reported?

No not to a lawyer

Submitted: 8 months ago.Category: Consumer Protection Law
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9/22/2017
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 8 months ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 124,423
Experience: Attorney experienced in commercial litigation.
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Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 8 months ago

Your next step is you need to send a written demand to the insurance company, together with copies of all of your invoices and inform them that their hanging up on you and failure to communicate constitutes bad faith handling of insurance claims and you will seek to pursue them for bad faith punitive damages.

La. R.S. 22:1892 and LA RS 22:1973, insurance companies owe their policyholders and third party claimants a duty of good faith and fair dealing. Among other things, these statutes require insurers to:

(1) pay the amount your claim within 30 days of satisfactory proof of loss;

(2) initiate adjustment of your claim within 14 days of notice;

(3) pay all settlement agreements in a timely fashion;

(4) not misrepresent pertinent facts or insurance policy provisions; and

(5) adjust your insurance claim fairly and promptly.

Failure to adjust claims in good faith can result in actual damages plus punitive damages of 50% of the total claim or $1000 whichever is greater under LA RS 22:1892 PLUS up to TWICE your damages (up to $5000) for unfair claims practices under LA RS 22:1973.

So if they refuse to pay as the LA law requires, you have two options and can exercise both. First, you need to notify your own insurer and start the process with them, as they have the duty to pay (if you have collision insurance) and then pursue the other insurer for reimbursement. Second, you can sue the other insurer for all of your losses, plus punitive damages provided by the LA statutes above.

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Category: Consumer Protection Law
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