I am a claims adjuster for a large insurance company and one of the states I handle is Louisiana. An insurance company only has to show that they are making valid attempts at settling a claim - i.e., trying to reach their insured and trying to gather the information needed to settle the claim. The law does not specify a time frame in which a claim has to be settled and in some cases, the time frame can stretch on for months. The insurance company will usually send what is called a Reservation of Rights letter to the insured who is unresponsive to repeated calls and letters. This letter is very formal and legal and advises the insured that although the company is investigating the claim, the company reserves the right to deny coverage based on the fact that they are not upholding their end of the bargain (an insured agrees to cooperate in the investigation of all claims when they sign the contract). If the insured continues to be unresponsive, the insurance company can do one of two things. They can deny the claim based on lack of cooperation and the insured would then become legally liable for the damages (in this case you or your insurance company would have to sue the individual). Or if there is enough evidence to pay the claim, (a police report, witnesses, etc.) they MAY pay the claim. It is up to the discretion of the insurance company. As for what to do in the meantime, my suggestion would be to file with your own insurance company and let them try to recover your deductible from the At Fault party.
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