what happens if insurance company repudiate ur claim?

[the_scientist85]

heres the situation: i got a writ of summons ard 20 may. its jus a piece of paper. so after i called the claimants lawyer she advise me to forward the writ to AXA. so i forward that piece of paper (writ cover page). then ard 1 week later i receive a copy of the same writ, only dis 1 wif details n qte thick. i tot its for my reference n keep it, cos i submitted the 1st aredi. den yesterday i got a letter frm the claimants lawyer,askin me to forward the writ, or warning me AXA may repudiate my claim. so i was thinking the writ must be the thick one n i forward it today.

 

yesterday i got a letter frm the claimants lawyer. saying no one has entered apperance on my behalf. if within 8 days still nobody enters for my behalf they will file Interlocutory Judgment against me, meaning i got to pay the damage on my own.

 

so my qtn

1) will AXA accept the writ that i just send? coz i sent the writ before.

2) what happens if AXA repudiates the claim? do I have to go court or i cn jus settle the amount out of court? btw the amt claimed is $3.25k

[contrarian]

You can save yourself a lot of effort by discussing your case with your insurer first, instead of what if, what if, what if.

[GuiNNeSS]

1) Why didnt you call your own insurer or lawyer in the 1st place?

 

2) 20 May? Thats like how many months ago? And you only post it up now?

[unknown1]

Ok. I will simplify thgs for you to understand.

 

1st: In the policy inself, the insurer had already told you not to admit to any claims. If someone wish to claim from you, ask him to talk to your insurer. So if you admitted the claim before asking your insurer, it is very likely you have to pay everything on your own.

 

2nd: I need to know what actually happened in your case to give more advise.

 

If you do need any help, feel free to PM me. I may not be able to resolve it, but I can explain the situation to you.

[contrarian]

1st: In the policy inself, the insurer had already told you not to admit to any claims. If someone wish to claim from you, ask him to talk to your insurer. So if you admitted the claim before asking your insurer, it is very likely you have to pay everything on your own.

 

There are several errors of fact and opinion in your position, that will adversely affect anyone relying on your view.

 

First, TS didn't say anything about admitting to a claim.

 

Second, a claim can be made against a defendant in person. So the claimant, proceeding according to the sequence of events below, has done no wrong. It is up to the defendant to notify his insurer to conduct a defence.

 

Third, the insurer does not necessarily have an absolute right to deny a claim if claim notification requirements are not strictly followed. While that is generally the case, on the other hand, I have also seen insureds (who are willing to spend time, money and effort) succeed in defeating insurer interpretations of various types of claims notification clauses (depending on how they are stated and depending also on particular facts of the case).

Edited July 23, 2009 by contrarian