Complaint Review: USAA Auto Insurance Unwilling to Settle - Statute of Limitations - San Antonio Texas

First, have you filed a complaint with the CA Dept of Insurance?

Second, file a small claims case (or a real court case, if your damage is above the small claims limit) against the drunk driver.  Get an estimate for the damage (if you haven't fixed it already) and bring that to the hearing, along with police reports and any other documentation.  Most likely once you file suit, the insurance company will call you PDQ (assuming the guy still has any liability coverage left).  California's courts are so backed up that it will take probably close to a year to get to a hearing, so you'll extend the statute of limitations and encourage USAA to settle.

If I had to guess, this guy most likely only had the minimum liability insurance, which in California is $5000.  It hasn't been increased in decades.  So that's not going to pay for even a fender bender, given the prices for body work.

Finally, insurance companies are under no obligation to settle any case.  If you don't have a lawyer, they will drag things through the mud.  They know that if they delay and drag things out, a good percentage of claims will just disappear.  They are in the business of selling insurance, not paying third-party claims.  That's literally every insurance company I've ever dealt with.  That's why it's wise to have your own insurance.  Most insurance companies will charge very little if the mileage is low.

Thank you for the information.

We have filed a complaint with the Ca Insurance Commissioner, the Texs Department of Insurance and the Better Business Beaureu of San Antonio... California wrote us a nice letter and told us to go to Small Claims and the last two haven't got back with a final word.   The most action I have gotten so far is by hitting their Facebook page, or so  it seems - although I have writted to the CEO, the Director of Customer Service, the CEO Support Person and the "Exectutive Council".  I'm not sure which effort paid off but A Claims Specialist and a Aribtration Person called and then blew me off.

Filing against the drunk driver is going to be difficult as he is a bit of a criminal and transient.  The San Diego PD requested and were granted a "Gun Violence Restraining Order" a month before he destroyed the vehicles.  I would meet him in court and serve him but, like you said, they are backed up with cases and I can't find the DUI case on the Court Docket.  The SDPD said that it could be months. 

We did, and still do,  have our own insurance which was Liability.  We weren't going to be driving it for a while and (after the weekend of the collision) it had been our intent to take it to an industrial space serving as a garage so Liability seemed adequate.

I have, today, contacted a law firm that works on these issues and I have a conference call with them tomorrow.  To date we have only gone by what USAA's adjuster said the value of the van was so an actual quote is in order, you're right.  We do have the accident report, the arrest report and the USAA claim number.

Having hardly ever dealt with insurance companies I had no idea they could jerk people around like this.  It is surprising that they are allowed to do this.  You have to buy it but they don't have to honor it.

Thank you for the note and the advice. 

As added information: of the four cars that were wrecked by the drunk one vehicle, which is/was owned by an 84 year old veteran.  He also only carried Liability Insurance and they won't settle or communicate with him either.  The ironic part is that he is now and been, for decades, paying USAA for all of his insurance, home, cars all of it.   USAA is totally disreputable.

In short order:

We are in California

Obviously, our vehicle was involved, otherwise why would I bother?

The Drunk was taken to jail.  San Diego Police don't simply arrest people.

They never said that he was under-insured.  They have said very little and have been completely unhelpful.

Rather than nit pick the victim you might be concerned with how USAA can be unresponsive and sell insurance throughout the nation.  I guess being from Texas they are all cowboys.

No one sat around waiting.  We had to give them reasonable time.   As I stated we had liability insurance not comprehensive/collision as we would not be driving it for a while.  Our insurance company won't touch it. That was explained in my note.  Also, we contacted lawyers.  Since no one was injured and the overall potential settlement was small no one would take the case.  It is the smallness of the settlement  and the overall callousness of USAA that irks us the most.  This is our cash not USAA's and their insured's fault, 100%.  So why blame the victim? 

Thanks for posting.  Are you in the insurance industry?

You wrote, “Drunk driver… wiped out four parked vehicles,” but you never stated that the drunk driver damaged your vehicle. You also failed to tell us the state where the incident occurred and the reason USAA provided for not paying your claim. Perhaps the at-fault driver was underinsured, your vehicle was not legally parked, or the insurer suspects your damage claims were not a result of the accident. You most definitely have omitted crucial information in your post.

 When it was very obvious they were not going to work this matter to your satisfaction, WHY DID YOU JUST SIT THERE??? You have insurance on your vehicle, right? YOU TURN IT OVER TO YOUR COMPANY. That's why you pay them premiums! Also, YOU could have gotten an attorney to guide you thru this!