If you own a car, you likely have automobile insurance. You have it because it’s the law, but also because it gives you “Peace of Mind”. Unfortunately, people contact us regularly when their car has been stolen, vandalized, or damaged beyond repair, and their insurance company is not willing to pay them for their vehicle. These disputes drag on and on and it often seems as though the insurance adjuster is doing everything in his or her power not to compensate the insured for their loss.
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Auto Insurance Dispute: Top 5 things to keep in mind
1. Commercial & Insurance Law
Auto Insurance Disputes: Top 5 things to keep in mind
Samfiru Tumarkin LLP www.stlawyers.ca
If you own a car, you likely have automobile insurance. You have it because it’s the law, but also
because it gives you “Peace of Mind”. Unfortunately, people contact us regularly when their car
has been stolen, vandalized, or damaged beyond repair, and their insurance company is not willing
to pay them for their vehicle. These disputes drag on and on and it often seems as though the
insurance adjuster is doing everything in his or her power not to compensate the insured for their
loss.
1. You have only one year from the date of the loss to sue your auto insurer for breaching your
policy of insurance by not paying you.
2. You should complete a Proof of Loss (you can ask your insurer for the form) and submit it to the
insurer (keep a copy). The insurer must respond within 60 days of receiving the Proof of Loss with
their position.
3. Do not, under any circumstances, attend an Examination Under Oath without an insurance
lawyer.
4. If your claim has been transferred to a “Special Investigations Unit” or another department at
your insurance company with a similar name, contact an insurance lawyer immediately.
5. Keep copies of all the documents you provide your insurance adjuster and confirm all
conversations in writing (email, fax, etc.).
If you or someone you know is facing this situation, keep the following 5 things
in mind:
Losing your car is bad enough, but having to fight your automobile insurance company to compen-
sate you for it is worse. If you sense that something is wrong, contact an insurance lawyer immedi-
ately. Often times, with the help of an insurance lawyer, these disputes get resolved through nego-
tiations. Remember, insurance companies don’t like lawsuits. Lawsuits are expensive and they don’t
want to spend more money than they have to. When they see that an insured has hired an insurance
lawyer, they often try to resolve the claim quickly and amicably.
For More Information,
Sivan Tumarkin of Samfiru Tumarkin LLP (Toronto, Ontario)
416-216-5910 / sivan@stlawyers.ca / www.stlawyers.ca