What can I do if auto insurer is refusing to pay over $4000 of storage fees that it stated in writing it would pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if auto insurer is refusing to pay over $4000 of storage fees that it stated in writing it would pay?
Also, it took over 7 months to settle the claim which cost me over $2000 in interest and high storage fees, as well as causing me severe ulcers due to stress. Can I sue for these monies?
Asked on November 24, 2015 under Business Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If you have something unequivocal in writing from the insurer that it would pay those fees, you can almost certainly enforce that agreement, such as with a breach of contract lawsuit. Even without a written agreement, IF 1) the delay was due to the insurer dragging its feet (i.e. it was the insurer's fault--not your fault, not a repair shop's fault, etc.) and 2) the car had to be stored and you had it at a reasonable (i.e. not overly expensive) place for storage, you could likely recover the money from the insurer. Of course, in either situation above, to recover the money if they won't pay voluntarily, you'd have to sue, so have to factor the cost, time, and emotional toll/stress of doing so into whether it is worthwhile.
You cannot recover for your stress or ulcers--in a case like this, you can potentially, as discussed above, recover the actual storage costs, but not for its impact on you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.