Auto Insurance Claim Advice

Most of us wish we had someone on the inside giving us advice when we need it most. An expert, Andy Suboch, is that person.

He can give you the inside information you need to know. He can tell you whether it’s worth your time and money to take on a big insurance company and how to best go about it.

If you have a question about car insurance claims, please post it below.

We’ll do our best to answer it, even if our lawyers can’t.

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Richard
Richard

Hi:
My vehicle got rear ended and it is a write off. The insurance has told me that I will have to pay storage fees for the car within a few days if I do not release to them. I was not at fault. Do I have to release to them?

Charlie K
Charlie K

Hello my car was in a accident in a while parked. Fault was assigned to the driver, not me. The car was a write off. I have some questions regarding value of payment. My insurance company has come up with a value that I am disputing. The car just had a clutch repair completed, and repairs were done via cash, so no receipts. But I noticed that the insurance had given my value to new snow tires I just installed for the winter. I questioned why they did not look under the vehicle and see the new parts just place… Read more »

Ted L
Ted L

i had an accident about two months ago a fire truck was called by the other person all they did was clean up the little mess then about a week later i receives a bii for the fire truck service does the insurance cover the bill

Lloyd
Lloyd

My wife was involve in an accident while leaving the bank. She was in the right lane making a right turn and a other driver pulled up to her left and made a right turn. The entire front left side of my vehicle was destroyed. My wife sustained a mild case of whiplash. My insurance company deem this as a not at fault accident. My vehicle was taken to a body shop of my choice the day of the accident to wait for an adjuster to see the vehicle. a week later my insurance company called me and advised me… Read more »

Kelly
Kelly

I was deemed not at fault, when a woman hit me. She hit the front end, where the license plate is. She was going only 20km/hr while making a left turn in slippery conditions.

I was hit with a large …, I was driving a small …. . The adjuster wants to write off my car because my vehicle was an old car, and the repairs exceed the value of it.

I am unsatisfied with this decision, and I want to know what I can do to make them fix my vehicle.

Robert
Robert

My wife bumped a car from the rear at an intersection.There was no damage to either car -none not even a scratch as per photos. However a passenger in the struck car claims personal injury. The catch is my wife’s license had expired. The MTO failed to send her a renewal notice and it was missed. Our broker (God bless them!) say they(the ins. co. they represent) likely will not come good for any claim that may come out of this. Can they get away with weaseling out of it. We have paid them thousands of dollars over many years… Read more »

Faye
Faye

I was stopped at a red traffic light and was rear ended buy a drunk driver who had no insurance. I have third party insurance but my insurance company is investigating my claim and are saying that at the time of the accident I was not the owner of the vehicle. I provided my ownership papers with no ownership with my mother and they still insist that I am not the owner. They are asking for a bill of sale, gas receipts, maintenance receipts and bank statement of me paying my monthly premium. Are they allowed to ask me for… Read more »

JTL
JTL

Comment: Hi My car was rear ended about 2 days ago and I was at no fault,I was taken to the hospital and the doctor said it was a whiplash.My car was sent to repair shop preferred by the insurance but did not yet got any estimates.It was a new car 2013 model just 3 months old ,I fear it would never be the same again even if they put it in new parts,I want to know my options on how if possible I can get a new car replacement since I want to drive a new car or atleast… Read more »

Shaz
Shaz

Hi: I had an old car which was insured and i bought a new car asked my insurance company to insure the new one. My agent asked wht will i do with old car and i said i will sell it, never gave tine frame. This all was done on 15 of month and i had already paid for insurance on old car for the current month so i was under the impression that i can use the old car until the end of month. On 21st i had car accident while driving my old vehicle, when i called my… Read more »

Barry
Barry

my son was in an accident at low speed and he slid into another vehicle and damaged his hood and front grill as well as one headlight..we finally had an adjuster look at his 2005 cavalier. the adjuster wants to “write it off” for about $4000-$4500 but the body shop the car is at can fix it for less than $2000..how can the insurance company justify that?

Laurie
Laurie

My son borrowed my car and on the way the car started to sputter so he pulled over and got out to look at it and realized that it was on fire. The car was a total loss. The adjuster said it was a right off finally after 10 weeks she has released the check to the leasing company. Now she is calling me every day and asking for my sons drivers license number or some other strange request. what I need to know is the claim closed once the check is issued or can she do what she says… Read more »

Jake C
Jake C

Hi, I was driving my vehicle and was sideswiped by another driver. My adjuster has found the fault to be with the other driver. The damage just superficial paint with no damage to the frame. The vehicle has been approved by my insurance to be repaired for up to $… at their preferred body shop. My questions are: Do I have to get the repairs done, and if so, does it have to be with the body shop they chose? The reason is, I wanted to sell my vehicle to purchase a new one, but now I have to wait… Read more »

Corrine
Corrine

I was involved in a accident where someone ran a stop sign and t boned my car it has been confirmed a total loss now my problem is it was a financed car with 19,000 left owing on it insurance said they will give me 12,000 for it as that’s the value for the year and KMs on the car so now I’m left paying the remainder out of my own pocket to the bank to clear off the loan I do not have that kind of money and can get a new vehicle what can I do to get… Read more »

Larry
Larry

My new car was stolen, the insurance company ask me to provide all the repairs bills and oil change bills , and my phone record calls .
and they want me to go there office with all this documents .

What should I do?

Crystal
Crystal

Hi there, my husband was in a car accident about 1 1/2 ago, and he was injured and taken by ambulance having to miss about 6 weeks of work.

The other person in the other vehicle at the time said she was okay, and did not go to the hospital to get examined, and now she wants to go after my insurance for injuries, is she allow to do that, after all this time.

Thanks, look forward to hearing from you.

Andy Suboch
Andy Suboch

I practice in the area of personal injury law/ insurance law and have done so for almost 25 years. A person has 2 years from the date he/she knew or ought to have known of a cause of action [ie. The possibility that he/she might want to sue] arose. In this case, it would be no less than 2 years from the date of the mva. There is a principle of law known as the discoverability principle that in certain restricted instances might extend the limitation period past 2 years but it would be unwise in my op9inion to rely… Read more »

Dang
Dang

hi, i lost my car my car in feb 2015.i make the report and call the insurance. after a week i called them again for the settelement, we agree so i send them my keys, ownership and proof of lost the next day as they asked for that. Then I receive the call from the police said that they found the car.i called the insurance and let them know rightaway then they said that they still buy out my car but they need time to investigate. and now after they done with the investigate they called me back and said… Read more »

Andy Suboch
Andy Suboch

If the car is not damaged then you should take the car back. Before you do so, I would get a mechanic to look it over and ensure that there is no damage, latent or patent, to the car.

Regards,

Andrew Suboch

blase
blase

Hi, My car got stolen 3 years ago. Insurance does not want to pay out so I hired a lawyer. the lawyer then passed the limitation period to put the case to trail so now insurance does not want to pay out. Lawpro has now gotten involved because im trying to get my previous lawyer to pay for what the insurance company was supposed to cover. If I drop my case against my auto insurance and only pursue lawpro will there be repercussions? Will my case automatically get dropped because I dropped the case again my insurance and therefor a… Read more »

Will
Will

Hi my name is William, I have a question regarding my insurance claim. I filed my claim because my car was hit and the person left. My insurance company is stating that the claim is highly questionable. They are asking for my call logs and my text logs and banks stamens and bill of sale is this normal why do they need this information, what should I do?

Fred R
Fred R

I need help in fighting an at fault claim. I was travelling on highway 17 going south. As I crested a hill a transport truck had lost control and was across both lanes. I had nowhere to go. The brakes did not grab it was too slippery and my car was sliding sideways as I was trying to avoid collision. I barely missed the transport, I hit a police car that had pulled over when the truck went out of control. the police car was not visible s it was hidden behind transport truck. I did not see it until… Read more »

Andy Suboch
Andy Suboch

I am a lawyer who has been asked to respond to your inquiry below.

Ontario law provides for fault determination rules and depending on how the insurer categorizes how the mva occurred, some, none or partial fault is attributed to you. Such determination is completely without regard to what the investigating police officers determine / say.

You are able to challenge the insurer’s categorization by bringing an action in an Ontario Court pursuant to section 263.4 of the Insurance Act and the ordinary rules of law apply to such action.

Russ
Russ

I have a claim open with the other party’s insurance. After dragging their heels for 6 months with no answer, they have finally denied my claim. They said that they are arbitrarily believing their client, and that my version doesn’t support their client’s story. The client said that I had rear-ended him. In reality, it was a side-swipe collision. I’ve sent them photos of my car which clearly show that half of my car, on the passenger side is totaled. The insurance company said that based on the collision department’s reconstruction, I’m not entitled to any payout. My insurance company,… Read more »

Joe
Joe

My motorcycle was stolen, adjuster has made an offer but the offer is on the low end of the scale and won’t be enough to purchase a replacement bike of equal value. How do I negotiate a better pay out?

Jason Polak
Jason Polak

Hi, I was involved in a traffic accident. My car was dropped off at the tow yard. My insurance company wants me to release it because they don’t want to pay for storage fees but they have not offered me a settlement for the car. I have accident coverage, so this fee should be covered. They took 2 weeks just for the adjuster to show up and I still don’t have an answer for the $ value. They are threatening to deduct the storage fees from my payout if I don’t release it to them by the end of the… Read more »