Recent auto accident is riddled with problems. What should be cut and dry is not. The other driver was cited and a ticket written. Other driver isn't a US citizen but has D.L., car ownership and is insured. When the police officer said "make sure you call your insurance company", the other driver said, "do we have to", to which the P.O. of course said yes. Well I went home and immediately called my insurance company. Five days later and I hadn't heard from the other insurance so I called them. (Happy to be alive and I just wanted my car fixed.) They have so far not even spoke with him. He hasn't called them and they can't seem to get in contact with him. Tonight my windshield was smashed right in front of my house! I believe he was behind it, but no witnesses so I can't prove. No other cars on street damaged and I don't have problems with anyone else.
Should I get a lawyer now, push the issue with my insurance, or wait awhile to see what his insurance company says?
2006-12-12 17:14:32 · 4 answers · asked by virtuouskelly 3 in Cars & Transportation ➔ Insurance & Registration
Thanks for the advice so far!!! We were both given a copy of the police report at the scene. I called the police, while he called friends to come. Wish I knew what they had been saying! Also, I had called his insurance the next business day and was told by the receptionist that their guarantee was they'd call me 24-48 hours after my insurance company called them.
BTW it is State Farm that I'm dealing with on the other side. I had to deal with them before and they were WONDERFUL, but this time so far it's not been good. Thanks again!
2006-12-12 19:39:32 · update #1
I know that you are frustrated but you have to realize what is happening on State Farms end of this claim. Five days after the loss you called and they learned of the accident. They can't do anything until they are notified of the loss and the other party obviously did not call their insurance company. After State Farm is able to get ahold of their insured they will get all of the information from him along with your information and make a determination on the accident. It doesn't make any difference if the other person was cited, it is always up to the adjusters to determine who is at fault for the accident. After State Farm gets all of this information they would then send you a check. I have been an agent for a long time and always tell my clients if they want to claim the damages thru the other company it will take longer. State Farm is not going to pay out until they have determined fault. Just like your company would do for you they were claiming on your policy. You may live in a state where each party involved in assigned a percentage of the fault in the accident. If you do live in this type of state, if it is determined that you are 10% at fault for the accident, State Farm is going to send you a check for 90% of the damages to your vehicles. Contact your insurance agent and check this out. If you do have this in your state it may be better for you to go thru your own company, you would pay your deductible, your company then goes back to State Farm and State Farm pays your company 90%. Your company then sends you a check for 90% of your deductible. You should contact your agent to find out about these matters as it varies from state to state. They would be your best resource for this type of information.
2006-12-13 03:19:13 · answer #1 · answered by blb 5 · 0⤊ 0⤋
Very interesting. I unfortunately have been involved in numerous accidents and feel a little superstisious answering this question. But, all good luck to me! And to you...You need to stay in contact with HIS insurance company. He is at fault, there is nothing your company can do, and you don't want them to. Remember, HE is at fault. While some people in his situation would have called their insurance company to inform them of the accident, not all do. It's up to you to get your car fixed and staying on his insurance company is the only way to do that. I once had to wait three weeks just for an adjustor to look at my car and another month while it was being fixed. Don't get yourself in this situation. If they are a reputable company you shouldn't have too many problems. Although, let me say that State Farm being reputable is the one that ran me around. Even large insurance companies are individually run, so it depends on your luck of the draw! You may have to call EVERY day to get progress. They will first have to see your car to get a total damage survey. While your working on that, you need to contact the Sheriffs Dept. or the servicing County that attended the accident (don't know where you live, what you call that?) . You need to get a copy of the police report that will, as you said, show that the other driver was ticketed. This is free and they have to give it to you or to HIS insurance company. Your biggest mistake was waiting five days to call his insurance company. Now they think that it's something that wasn't that important and they're going to try to keep blowing you off. It's how they work! STAY ON THEM HARD!!! As far as the busted windshield, I assume the guy got your address from the accident info. There's no way you can prove it, unfortunately. But, once your car goes into the shop, they'll go ahead and fix it there for next to nothing, if nothing. You just need to get that insurance company to listen to you and know that you are serious. There's a police report, it's cut and dry, there's no reason for you to spend money on a lawyer. Just get on the phone and bug the sh.. out of them. P.S. - P.S. - Don't forget to DEMAND your rental car while yours is being fixed! And hey, you are lucky, my accidents always resulted in a wrecker towing my car away. Never hurt bad though, so I'm lucky too! Good luck! It's a headache! Now, get on the phone and do something about it!
2006-12-12 17:58:13 · answer #2 · answered by dolphinroc 4 · 0⤊ 0⤋
I know we live in a world where everyone screams "sue them!" "get a lawyer" about every little thing ever but let me ask you- questions like this boogle my mind- what exactly do you think a lawyer is going to accomplish?
Clearly unless the police investigate and charge the other driver with your windshield their insurance will not pay for that. A lawyer can do nothing about that.
Also, it appears their insurance is doing everything correctly. They must speak to their insured to get their side of the story (or get a full police report which can take 10 business days) before they pay out for a claim. What is a lawyer going to do to solve this?
To make a long story short- you just need to be patient unfortunately or go through your own carrier
2006-12-13 05:06:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You gave them your home address? :P
As long as your car gets fixed there's no need to worry.
I'd say ask your insurance to go after their insurance harder.
2006-12-12 17:20:26 · answer #4 · answered by Kasey C 7 · 0⤊ 0⤋