Insurance delaying payment of claim

UPDATED: Sep 30, 2022

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Insurance delaying payment of claim

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taled car in accident. Had full coverage. The insurance company keeps giving excuses on why not paying my claim.

Asked on December 21, 2016 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your insurance policy is a contract; the insurer is obligated to pay out claims when the facts or circumstances of the claim (e.g. how the damage was done), when applied to the plain terms of the policy, require them to pay. If they refuse to pay--either outright, or simply keeps giving you the runaround--you could sue them for "breach of contract" for a court order requiring them to pay the amount of the claim. To win the case, you'd have to prove in court that the policy requires them to pay out now. 

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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