Insurance claim delay

UPDATED: Oct 1, 2022

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Insurance claim delay

Its been all most 2 month Since I filed the
Report for my Truck and trailer got stolen, file
the claim with Progressive insurance same
time as well, but Progressive company giving
me hard time for my claim, I been calling them
to get update, All they saying I have to wait
more because they cannot give me ETA And
they dont no how long more I have to wait, I
really dont no what to do, I have no work after
Nov 25th 2017 to till today Jan 21st 2018, I
cannot start work until they closed me claim
and pays off the Value of my Stolen 53 Trailer,

Asked on January 20, 2018 under Insurance Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

While there is no hard-and-fast time frame for resolving your claim (unless your policy sets out such a time frame), they have to do so in a "reasonable" period of time: that is required by the "implied covenant of good faith and fair dealing," which is an obligation added by law to all contracts (and insurance policies are contracts). As the term implies, this covenant requires the insurer to deal with you in "good faith" and so resolve claims in a reasonable time frame.
If and when you feel that they have exceeded a reasonable time frame given the circumstances of this matter, you can file a lawsuit against the insurer for "breach of contract," or for violating their obligation to pay your claim, in order to force them to pay the amount. You would sue for the amount of the claim. Bear in mind that while you can recover the court filing fee, you cannot recover attorney's fees (if you hire a lawyer rather than acting as your own attorney, or "pro se") and also cannot receive compensation for your own time spent on the case. Therefore, try to resolve the matter without suing, but know that if the insurer simply will not honor its obligations, you can sue if need be.

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 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.

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