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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118267
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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On Aug 8, 2016 at 1:59 pm I was rear-ended by a truck

Customer Question

On Aug 8, 2016 at 1:59 pm I was rear-ended by a truck belonging to Yocham Trucking Co. on the Coweta, OK west bound entrance to the Muskogee turnpike while I was stopped because traffic was backed up. It did minimal damage, broken bumper cover, $1,218.17 to replace, with no physical injury. I have been unable to get a response from their insurance claims adjuster. And It seems time to hire someone with whom they will communicate.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I would not hire anyone, it is not worth it for a $1200 claim (an attorney is going to charge about $200 per hour for this type of case). Your first step is to notify your own insurance company and inform them that the responsible party insurer is refusing to communicate with you. That is what you pay your insurance company for, to assist in handling these claims.
If your insurance company will not assist, you need to send a letter to their adjuster telling them that their failure to resolve this claim in 30 days is bad faith as there is no reason for the delay. Tell them if you do not hear from them in 30 days, you will file a complaint with the OK insurance commissioner and will pursue them in a legal action for bad faith and seek punitive damages in addition to the value of your claim.
If they refuse, then you would be able to file your own suit in small claims court for your damages plus your loss of use and punitive damages equal to the amount of your damages. However, you need to send the letters to the adjuster and also file your complaint with the insurance commissioner first and only if they cannot resolve the claim would you be able to sue in court.