I was recently in a car accident and it wasn’t my fault. I got a police report (I went to the police station after the accident) and filed a claim. After talking to her insurance company I am told they can’t get a hold of her and they can’t process my claim. What can I do here? It was about $1000 in damage but no injuries. My insurance says I can go with them but there is no guarantee I will get my deductible back. Is this really true just cause the girl won’t talk to her insurance? I live in Chicago. Thanks for any help.
2006-12-01 15:51:41 · 12 answers · asked by Joe D 2 in Cars & Transportation ➔ Insurance & Registration
Yes it's true. Insurance companies need to speak with their insured before they agree to handle any damages. The problem you have is that you filed a police report after the fact. This makes things difficult still because if the officer had come to the scene, the police report would have been confirmation that you were involved in the accident with this person. The way you have done it, this is not proof that she was involved. It is only proof that you allege to have been in an accident with her.
Use your insurance, it will be a lot easier. It could take the insurance company for this other person weeks maybe months if she's dodging them. They could also deny/disclaim coverage for this loss if she fails to cooperate per her contract, which means you still don't get paid. Stop waiting and use your carrier.
2006-12-02 01:46:40 · answer #1 · answered by Chris 5 · 1⤊ 0⤋
The issue you have here is two fold. First is that the other person's insurance company is under no contratual obligation to pay for your damages. They will have opened a claim when you called to report it; however, before they proceed with any action or payment they have to speak with their customer. You're a lot less likley to get anywhere with them since you went after the accident and filed a police report instead of having the police come to the scene of the accident.
What happens in some cases is that two people get into an accident, they pull over and discuss the situation and mutually agree there's no damage and drive off. Then, one of the folks will go to the police, file a report and claim the other driver left the scene of the accident. Insurers see this kind of stuff every day, and it messes it up for the honest folks.
The only people who are contractually obligated to pay for your damage is your own company. Someone said above it would be your Comprehensive coverage, which is incorrect. Since the cause of damage is from collision with another vehicle, it would fall under your collision coverage and that deductible would apply. If you file with your insurance company they will vigorously pursue reimbursement through subrogation from the other insurance company. If they get money back (and most likely they will, but no guarantees), your deductible is refunded.
Good luck!
2006-12-02 08:35:58 · answer #2 · answered by cassee_ame 2 · 0⤊ 0⤋
first off, dont listen to the idiots who tell you to hire a lawyer- youll lose tons of money and no lawyer will even want to touch a property damage claim against someone who will likely not have the money to pay.
It is perfectly fair for the insurance company of the other driver not to pay without talking to their driver. By the other driver not cooperating they are breaking their contract with the insurance company and the insurance company cannot cover them. Sometimes if you are lucky they will go off the police report alone but no guarantee.
Go through your insurance and they will go after the other driver personally if there insurance isnt available. Dont worry- the other person will call their insurance real quick when the bill for your repairs shows up at their door.
2006-12-02 10:35:24 · answer #3 · answered by la428282 6 · 1⤊ 0⤋
Amazing...there are ALWAYS some idiots that want you to go running to a damn dirtbag lawyer everytime you chip a toenail. Your best advice is to do what Chris said (she is always right). No insurance company is going to process a claim without confirming the facts with their insured. Let your company handle this mess. They will be far more effective in contacting the other parties and recovering your deductible that a lawyer (or yourself).
2006-12-02 11:35:10 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I've been in the same position - most insurance companies won't handle your claim until they talk to their insured - the other driver may have a bad record and put off reporting the accident )like mine did) have you tried calling the person? That;s what I did,
I bugged her until she reported it
2006-12-02 05:04:53 · answer #5 · answered by Loollea 6 · 0⤊ 0⤋
You may end up having to go to "small claims court"- and get a judgement! This does not nescessarily mean you will even get your money though -- if the person is a "deadbeat type" -- it is real hard to get blood out of a turnip!!
Now if you have the name of the insurance company, - I doubt they need to talk to her anyway, -- you might need to get in touch with Illinois insurance commission, and tell them what your problem is, -- they will "have a talk" with insurance company,and you will probably find them more co-operative after that! If not get a lawyer and take them both to court - sue for repairs and lawyer&court costs! State doesn't mess too much with "deadbeat insurance companies"!!
(they are "stonewalling you ).
2006-12-02 00:02:30 · answer #6 · answered by guess78624 6 · 0⤊ 1⤋
You want your car fixed now, then goto your insurance company. It will take a long time for the court/lawyers ect to reimburse you for the detuctible.
If you want to wait, then go through her insurance company and leave the car unfixed.
Yes, its true. Try to track her down yourself and take her to small claims court.
2006-12-02 00:39:34 · answer #7 · answered by PeppermintandPopcorn 3 · 0⤊ 0⤋
If you have comprehensive insurance on your vehicle, your insurer will pay and attempt to recover from the other party (it's called subrogation). If you don't, you will have to sue the other party in small claims court, win, and then try to collect the judgment. It can be done, but it is major pain in the tail. If you sue, name the other party's insurer as a co-defendant; if you win, the insurer may be held liable and it will be a lot easier to collect than from a private party.
2006-12-01 23:57:05 · answer #8 · answered by Anonymous · 0⤊ 1⤋
if you have her info and a police report they have to give you a settlement or you can sue . you should not have to pay a deductible for her fault unless you use your own insurance ,but this will also drive up your rates . if there are ant witnesses it will help you in court . i wish you luck
2006-12-02 00:02:19 · answer #9 · answered by chotpeper 4 · 0⤊ 0⤋
Hire a Lawyer
2006-12-01 23:54:30 · answer #10 · answered by Anonymous · 0⤊ 1⤋