If I was in an accidentand the insurance company is refusing to pay for subsequent damages, what can I do?

UPDATED: Jan 13, 2012

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If I was in an accidentand the insurance company is refusing to pay for subsequent damages, what can I do?

I was in a front end collision and was not at fault. My car is pretty new and has had all scheduled maintenance. The other driver’s insurance paid for body damage, which still isn’t fixed. Shortly after, my transmission needed to be replaced. The insurance company won’t pay even though the body shop never looked under the hood as instructed in the adjuster’s report. Also, my car is under warranty but the dealer won’t cover or give me a straight answer that can be found in the manual of why it’s not covered. I want to file in small claims but don’t know who to pursue.

Asked on January 13, 2012 under Accident Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have three different possible suits:

1) If you believe that your insurer is improperly refusing to honor its obligations under the insurance policy (which, after all, is a contract), you could sue the insurer under the contract, to enforce your rights and its obligations.

2) If the other driver was at fault, you could sue him or her to recover any losses, costs, damages, etc. which have not been reimbursed by insurance.

3) If you believe the dealer is refusing to honor its obligations under the warranty, you could sue it.

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