but neither insurance company has even gotten a copy of the police report yet. the other drivers' said it was my fault based on her lies and they are refusing to pay damages. mine says they have to send out a check in 2 days and I have to give them the name of a body shop to make the check out to. I'm afraid if I accept a check from my ins. then it will be on my policy as my fault. besides that I have a $1000 deductable that they aren't giving me for repairs that I can't afford to put in now. I don't want to take it to get fixed until I have the whole amount for repairs. How do I get them to have the other company pay to fix it - they called and wanted me to send them a copy of the police report, but I know the other lady should send it, but she doesn't want to because she is lying. I sent a copy to mine, but they say they haven't got it even after sending it twice and verifying the number.
2007-01-16 07:30:34 · 7 answers · asked by ebabsto 2 in Cars & Transportation ➔ Insurance & Registration
Chris and cowboy bill answered correct as always but just thought i would reinteriate the fact..
Look... when your in an accident.. you have two choices.
1) file through your collision coverage
2) file through the at fault parties insurance
If for some reason the other carrier isnt paying out (they dont agree on liability, theres a coverage issue, etc.) you MUST go through your own insurance if you wish to file a claim (this is why its so important to have collsion!)
Once your insurance company pays out... they fight for themselves and you to get their money back as well as your own (you think they wanna spend money?! no....) And hopefully they will eventually be able to get your deductible back.
So, just take the money.. and hold onto it if you cant afford your deductible.. and in the meantime your insurance will be fighting for your and themself...
On a side note: Seriously... it concerns me deeply that no customers know whats going on? does your insurance not explain this to you? or do you just not listen? It saddens me to know people are so misinformed
2007-01-16 13:30:30 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Oh goodness! This is exactly how making an insurance claim works!
If the other company is not paying for your damages then your only choice is to use your own. Unfortunately, when you select your deductible if you don't choose one you could afford to part with if you had an accident you are in quite a situation. Just because they give you a check doesn't mean you have to run off and get the car fixed. It DOES, however, mean your insurance company can then go after the other company. They cannot go after the other company if they have not paid anything out on your behalf. It is REQUIRED in order to file a subrogation claim or arbitration that you prove you incurred an expense on behalf of your insured. So take the check and get the car fixed when you have the $ to pay the shop for the repairs. If the accident is not your fault, the payment should have no effect on your policy.
And also, what Cowboy Bill said.
Your insurance company should have been able to explain this to you. At least I hope they did. I'm glad to clarify, but it troubles me when someone asks a question like this about something that should be clear if you ask your company.
2007-01-16 19:33:06 · answer #2 · answered by Chris 5 · 1⤊ 0⤋
You have misunderstood something. Your company can get their own police report though it may take some time if they are handling this out of state. Remember, a police report does NOT determine who is at fault in an accident unless the officer actually witnessed it. The claims adjuster(s) use it as a tool determining liability. There could be reasons that put you at some degree of fault -- making it perfectly proper for the other company to deny liability in many states. You company does NOT have to issue a check in two days. You have plenty of time for that -- if you are driving a rental under your policy they may stop paying until your vehicle is under repair. It is entirely possible that your insurance company can recover your deductible from the other company BUT, they have to make a payment to you and finalize the claim before they can subrogate the other party for any money. Re-fax the police report with a cover sheet that includes your claim number on it -- five times. Then call your adjuster back and ask him/her to explain all your options until you fully understand them.
2007-01-16 17:00:23 · answer #3 · answered by Anonymous · 2⤊ 0⤋
Whenever you turn in a claim to your own company they are ALWAYS going to go ahead and pay for the damages to your vehicle minus your deductible no matter who is at fault. After the claim has been paid, if they feel you are at fault, they will go to the other company and try and get their money back along with your deductible (Its called subrogation). When and if they get their money back they will send you a check for your deductible.
Accepting the check from your insurance company does not mean you are at fault for the accident, it means you want them to handle the claim for you. This is the only way for your company to handle the claim.
Just so you are aware, it can take months to get your deductible back. Subrogation, especially if one of the parties is not telling the truth can be along process.
2007-01-16 16:12:25 · answer #4 · answered by blb 5 · 0⤊ 0⤋
First of all, forget about the other lady and their insurance. You need to worry about you and yours, otherwise, you'll get stuck with this accident and then you'll be paying for hers as well.
Secondly, let someone with no prior knowledge of the incident (you have not discussed it with them) read the police report and tell you who they think is at fault based solely on the report. (This is important: Don't try to sway their opinion in any way, you want to know what the insurance company sees.)
Thirdly, when you call the insurance company, ask for a specific name of the person that needs to receive the report. Then call that person, identify yourself, get their fax number AND mailing address. Fax it to their attention, then send a copy by certified mail to their attention (with return receipt/delivery confirmation).
Lastly, explain to your insurance carrier that you want to hold off on having the car fixed until the case is settled in court. Based on the judges decision, they will decide who is at fault. Unless you know that the verdict will go against the other driver, you may want to consider getting an attorney to handle this. Otherwise, you could get stuck paying the $1000 deductible, the increase in your rates, and the damage to the other car as well.
Good Luck!!!!
2007-01-16 15:50:44 · answer #5 · answered by Goyo 6 · 0⤊ 0⤋
because you have collision/comprehensive, your insurance is fronting the money hoping to get the money back from the other insurance later. it's a standard practice.
if/when the other person is found at fault, you will get your deductible back plus they would owe you for the rental car while the car is in the shop.
2007-01-16 15:47:59 · answer #6 · answered by currious 4 · 0⤊ 0⤋
Go directly to your insurance company and hand then a copy of the police report. Do not talk to the other party's insurance company, but refer them to your agent. Do not accept a settlement you are not happy with nor fully understand. There is no insurance company that is required to send out a check in 2 days.
As much as I hate to ever recommend attorney involvement, if your insurance is being less than cooperative you may have to consult with one.
2007-01-16 15:38:10 · answer #7 · answered by oklatom 7 · 1⤊ 3⤋