The other vehicle was at fault. The driver, does not own the vehicle, but lives with the owner. Their insurance co. will not pay any money or even set me up with a rental until they contact the owner. It has been over a month now, and he has not answered their phone call. I have no idea why he's hiding. Possibly warrants out for his arrest, who knows. He has coverage, so he has no reason to hide. The driver stopped answering phone calls as well. The police report states clearly that the other driver was at fault. The other insurance company doesn't seem to care, but I don't have a vehicle, am out $400 for a rental that I had to pay myself, and I'm missing work. How long should I wait before I take this to court?....or is there a better route to take? I've filed a complaint with the department of insurance, but even that hasn't mad the other ins. company speed up the process. Should I maybe take the owner to small claims court?
2007-01-15 02:11:55 · 13 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
Have you talked to your insurance company? A lot of times your insurance company will take care of things while they try to get the other company to pay up. Good Luck!
2007-01-15 02:16:30 · answer #1 · answered by love2shop 3 · 3⤊ 0⤋
Contact the insurance commissioners office in your state to see how many days a company has to settle a claim. In many states there is a set time limit. The other company isn't paying you because they can't get ahold of their insured. They won't pay you until they finish their investigation of the claim (they need to make sure that their insured is at fault before making any payments).
If you have full coverage on your vehicle, I would turn in the claim to your own insurance company immediately and have them pay it. After they have paid the damages, they will subrogate (contact the other company and ask for their money back). They will also include your deductible in the amount they are asking for. If you don't have rental reimbursement on your own policy, you can submit the bills to your own company and they will include them in the subrogation. When your company gets their money back, they will send you your deductible.
If you don't have full coverage, the best way to handle it is to call the adjuster from the other company that is handling the claim about every other day and ask them for an update on the claim.
2007-01-15 03:51:14 · answer #2 · answered by blb 5 · 0⤊ 0⤋
You didn't specify whether or not you filed a claim with your insurance company. If you haven't you need to do so because they are supposed to provide for your rental car and repairs to your vehicle. Your insurance company will also be responsible for arbitration against the other insurance company in order to get back the deductible you paid to the shop as well as the money your insurance company paid out for the rental and repairs. On the rental vehicle your insurance company will set a daily rate that they are willing to cover and anything over that amount comes out of your pocket.
2007-01-15 03:59:01 · answer #3 · answered by ModelFlyerChick 6 · 0⤊ 0⤋
Your insurance company will only help you if you have full Collision coverage. If not, then you are on your own on this one.
There is a clause in almost all insurance policies where if the insured doesnt perform their duties in the contract, the insurance company does not have to represent them. They guy that hit you is not cooperating with his insurance company. If he doesnt cooperate, the insurance company will deny the claim.
Hopefully the damage to your car is less than the maximum amount allowed by your local small claims court.
Go to small claims court and sue the owner of the vehicle for your damages. Hopefully once he see that he will call his insurance company. Do this ASAP.
I hope you get your money from that B@stard!
Good luck.
2007-01-15 04:27:53 · answer #4 · answered by NY1Krr 4 · 0⤊ 0⤋
Your insurance company should be doing more for you. Contact them and tell them your situation, they should fight the other party's insurance on your behalf. If they don't seem very interested in helping you I would contact a lawer that specializes in auto accidents. They have a lot of experience with insurance company's.
Small claims court sucks, even if you win the other party is under no obligation to pay you right away. If they refuse to pay even after you win in court you have to spend more time and money to get the Sheriff after them and put liens on their property. I would only use this as a last resort.
2007-01-15 02:20:11 · answer #5 · answered by Hawk996 6 · 0⤊ 0⤋
You pay your insurance company and part of that is for their responsibility to deal with the other insurance company. When the other driver or his/her company do not come forward immediately, your company is responsible for paying for your rental and repairs and then getting their money from the other company. Call you agent and tell him today would be nice - and any balking - then you go to legal aid and sue your own company for failure to represent you. This is your right.
2007-01-15 02:19:40 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Go ahead and get yourself a lawyer immediately. Explain the whole situation to him or her. Most lawyers get 1/3 I believe of what you get in the settlement. I went through the same thing back in 2004, but make sure you can trust your lawyer. We found out that we could not trust ours. Also don't try to talk to the other person or their insurance company let your lawyer deal with it.
2007-01-15 02:24:32 · answer #7 · answered by happyme19672003 4 · 0⤊ 0⤋
Your insurance carrier should take care of you. Then they will go into arbitration to get the money back from the other insurance company. It may take months to get your deductible back.
2007-01-15 02:25:29 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You can start court proceedings or turn it in to your insurance company and they will pay you and fo after his company.
2007-01-15 02:17:38 · answer #9 · answered by jimbobb1 4 · 0⤊ 0⤋
Cooperate with your insurance carrier, and let them do things on your behalf to be made whole. That's what you pay them for.
2007-01-15 04:03:39 · answer #10 · answered by oklatom 7 · 0⤊ 0⤋