How do I sue my own insurance company?

by Boma
(Houston, Texas)

I have full coverage on my car and I let a friend drive my car and she got into an accident (she rear ended another car).

I fixed the major damages on the car(I didn't file a claim) (the actual estimate given by the shop was ~$5,500)car, shipped the car out of the country so I could sell it.

Now, I have pictures of the car at the accident scene, at the shop waiting to be repaired and after fixing the car, just before shipping it out of the country.

Three months after the accident, the insurance company called me that the other parties insurance in asking for payments on their client car.

I told my insurance that, I wasn't the one driving that's why I didn't file a claim and that I have already fixed the car.

My insurance said they will pay if I file a claim, I told the adjuster that I didn't have all the receipts and did not fix some of the damages, the plan was to fix the rest of the damages at the destination country, since it was cheaper over there, before selling the car. the adjuster said if I have pictures of the car before and after repairs, including the initial estimate they would pay for the repairs. I gave them just that. After a month I received a call from my insurance that I should take the documents I submitted and go to a claims adjuster close to me in Houston, Tx and he'll cut me a cheque. I went over to the adjuster showed him pictures, estmimate and my title. He came back after 10mins and said he could cut a cheque, he would need his bosses at the office to look at it.

next thing I received a letter from my insurance stating that they can't pay for the repairs, since a line in my policy states that I am to permit them to inspect the car before repairs or disposal (I checked my policy and the statement in on there).

But I still don't think the insurance company should hide behind that statement on my policy when I have pictures, estimate and receipts of the repairs done on the car.

What do you think, what should I do, where should I file my case? Do I need a lawyer?

Answer:


Hello Boma,

You do need a lawyer. A coverage lawyer to help you get coverage for the claim. The insurance company could have a clause that require you to have the car inspected prior repairs. Most policies do not have such clause, but yours might. If this is the case, you may be out of coverage.

A lawyer could help you figure out the exact venue where the case must be filed. Some policy require you to do it in mandatory arbitration first. Some others in a specific county. Talk to a lawyer to review your policy (you should also read it), and then move forward with the damages.

Again, it is very important that you talk with a local attorney!
Good Luck,
Auto Insurance Claim Advice