Daughter was involved in an auto accident. Other driver pulled out of parking lot in front of her. She admitted at the scene, fault. She claimed driving son's car so didn't have proof of insurance. Unfortunately daughter did not call police so there's no accident report. We've been able to get ins. info and have filed claim. Insurance company has tried to contact this lady and the son and neither will answer their phone. Ins. company will not accept liability until they can obtain a statement from driver.
What is my next course of action?
2007-02-10 04:43:34 · 7 answers · asked by Lori G 1 in Cars & Transportation ➔ Insurance & Registration
You do not have a next course of action of your insurance company paid for your vehicle repairs. Your insurance company will subrogate against the other insurance company--it's out of your hands.
If your insurance company didn't pay for your vehicle repairs because you either didn't have collision OR you refused payment from them...you'll have to sue the owner of the car in small claims court.
2007-02-10 17:25:11 · answer #1 · answered by bundysmom 6 · 1⤊ 0⤋
I sort of had the same situation with my wife. She was rear-ended and the person who hit her didn't want to call the police and in Las Vegas, the polcie won't respond if there weren't any injuries. You must go the the police station and file a report there. It was my wife's first accident so she wasn't quite sure what to do. She traded info with the person and went to the police station and he never showed up. We submitted all the info in to our insurance company along with a copy of the police report. It turned out the number she got from the guy for his insurance number was actually his VIN number and his insurance company was fake. We did get his license plate number and driver's license number. The insurance company said they are required to make all contact with him both by telephone and writing a letter to his address. They got his address from the DMV. There has been no response from him through the phone or the mail. All the insurance company said they could do is have the DMV put a note on his driving record about the situation and I had to pay the deductible to get the vehicle fixed. Still saved about $600 but had to pay $500 deductible for something that wasn't my wife's fault.
Long story short, insurance will or should attempt contact by both telephone and mail and if there still is no response, just pay deductible and get vehicle fixed and move on. If you have info on the person, you can try small claims court to get the money. Small claims court is fairly easy and you can use it for a maximum of $5000. Anything more is a lot more hassle and goes to a larger court.
On a side note, let the insurance company handle all the contact with the person responsible. If you start calling them and requesting the money, they might come after you for harassment or something. And that is what you pay the insurance company for. Good Luck.
2007-02-10 05:04:56 · answer #2 · answered by frijol7877 2 · 0⤊ 0⤋
What else would there possibly be to do? Obviously ANYONE could call a random persons insurance and file a claim. If her carrier does not have proof she was at fault (either police report or a statement from her) they absolutely will not pay out for the claim (why would they?).
You may want to suggest they do a cold call at her residence and see if they can find any damage to her car... or call your own insurance and file a claim and they will do the dirty work for you. But most insurance contracts have built in that if you dont cooperate with your carrier they will deny the claim and leave you responsible for damages.
If the claim is denied you can attempt to sue the driver in small claims court
btw.. this people who say the attorney thing.. what on earth are they going to do that the insurance cant? (besides charge you money) NOTHING. Your insurance does not want to pay out for damages just as much you as you dont.. they will do everything they can to find the at fault driver.
2007-02-10 05:41:45 · answer #3 · answered by Anonymous · 3⤊ 0⤋
The best course of action is to make a claim with your own policy if you carry the coverage. Stop dealing with this situation, get your car fixed, and let your carrier go after the other one.
If you don't, then you could file small claims court suit. Most likely what will happen is the insurance company will reserve its rights to deny coverage to that person due to failure to cooperate as required by the policy. If that happens then the insurance will withdraw from the matter and this person will be on her own and be responsible for any judgments against her.
2007-02-10 10:50:35 · answer #4 · answered by Chris 5 · 2⤊ 0⤋
1. go to the police department and have your daughter fill out a report.
2. call your insurance company and report the claim; this is what you pay them for. give them all the insurance information you have and tell them what's going on.
3. you may need to at least have a consultation with an attorney; call your local Lawyers Referral Information Service for your area and ask for a referral to an attorney that handles car accidents; that way the consultation is at a reduced rate and you can find out what your rights are in your state.
4. the insurance telling you they won't acccept liability until they speak to their insured is not your problem, it's theirs; if they can't get ahold of their insured it doesn't keep them from being responsible.
2007-02-10 05:17:54 · answer #5 · answered by valips 2 · 1⤊ 1⤋
Make sure your insurance adjuster has sent a certified letter... also adjusters generally have access to a service where you can get the telephone #'s and addresse sof neighbors and or relatives...... also, i agree with the prior entry that you should let your adjuster do these things not you........ i would also call police department and file incident report - often the officer will meet you at the scene and take any info you have acquired on this person and or their vehicle with you to make the report as complete as possible..... foraward a copy of this to your adjuster and have them send a copy of other insurance carrier and also along with a certified letter to the at fault party...... also if the other person has an agent they are another avenue to send letters to their insured...... future note - always call the police even if you are at fault to document at least the damages.... take pics at the scene if at all possible...... skids, damages to both vehicles - witnesses witnesses witnesses...cannot tell you how important....
2007-02-10 05:22:52 · answer #6 · answered by Just me 2 · 0⤊ 0⤋
Illegit insurance companies always use this excuse not to pay claims. Your line: "It's none of my goddamn business. It's your customer - you deal with them!". It works fine in conjunction with BBB and State Attorney General complaints.
2007-02-13 00:56:52 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It depends on many factors
2016-08-23 17:39:15 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Sorry to say but, Get an attorney.
2007-02-10 05:12:28 · answer #9 · answered by harleysare4me 1 · 0⤊ 2⤋