Q: What is the best course of action to take when you suffer property damage and loss of income.

The accident involved a tractor trailer and car. The car veered a considerable distance over into the tractor's lane. The insurance company is stalling and the tractor is the drivers livelihood. The claims agent said he would not send out an adjuster and after "his" investigation determined fault then his insurance company would "consider" making payment. Do I really need to have their adjuster or use my repair shop estimates?

2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Not sure whose adjuster/claims agent it is. However understand if police were called the police report will be used. Also if you have collision, use that, let your company go after theirs. Most states require that property damage be settled promptly and fairly You can always file a complaint with the insurance comissioner, especially after 30 days. If you were hurt, contact a member of the Va. Trial Lawyers Assn for the county where it happened--they give free consults.

1 user found this answer helpful

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: Anyone can use the estimates of their own shop, but if a carrier is paying for repairs, they generally reserve the right to have their adjuster see the vehicle, whether on the street or in the shop, and have their adjuster review the figures of the independent shop. Good luck.

Tim Akpinar

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.