Insurance company refuses to accept full liability

UPDATED: Sep 30, 2022

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Insurance company refuses to accept full liability

I was in my wife’s car driving at 70 mph when parts of a tractor trailer tire flew of the truck colliding with our car, and getting caught underneath the vehicle damaging parts of the under carriage and within the wheel well area of the car. State Farm took and accepted full liability and said to me if any further damages were discovered to inform them. When these damages were discovered, State Farm denied to make the repairs.

Asked on January 20, 2017 under Accident Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If it is your insurer, you sue them for breach of contract--for violating their contractual obligation (an insurance policy is a contract) to pay you for your full covered loss. If it is the truck's insurer, you'd have to sue the trucking company and/or driver (both are potentially liable, or financially responsible) and prove that the truck was at fault in causing the damage. (You sue the truck's owner and/or driver, not the insurer.)
Unfortunately, when you believe someone else (including an insurer) owes you money and they will not pay, the only way to make them pay is by suing and winning.

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