car accident insurance problem?

Question

Hi,
My car was rear ended over a month ago. I got the insurance information from the other party and filed a claim. I spoke to both my insurance company and her insurance company. However, barring one return call a few weeks ago, her insurance company has stopped communication with me (and my insurance).

The claims adjuster is simply not returning calls. My car is not yet fixed. I'm not sure what I should do. I figure they are doing this because clearly their client is at fault. Is it worth persueing legally ?

Answer 1

NO......

They're not "doing this" because their client is at fault....most likely, as with ALL adjusters...they're swamped & yours just got lost in the pile of the other hundred claims their working.

Call back & ask for a supervisor....and if that doesn't work....

File a complaint with the Department of Insurance....the DOI tells the insurance company how many days they have to return your call and if it's beyond that time they are in violation and be sanctioned heavily.

Answer 2

The easiest, quickest thing to do to get your car repaired is to just go through your own insurance. You will have to pay your deductible and a portion of your own car rental (or the entire bill if you chose not to have that supplemental coverage), and your insurance company will subrogate against t he other insurance company and TRY to get y our money back for you. Unfortunately there are no guarantees, and even under the best circumstances it could take 3 months to a year or more.

That said, if you don't want to go that route you'll have to battle the other insurance company. Most attorneys will not touch a property-only claim without you paying them out of your pocket for the representation. You can try to find one...

The other company's claims adjustor should be returning your call. Try calling the other person's insurance company and ask to speak to a claims supervisor. Two weeks with no return phone calls is unacceptable. If they are not accepting liability they should tell you that, in writing.

If you still have no luck you can try contacting your state's Department of Insurance to complain about the other company acting in bad faith.

Good luck!

Answer 3

The way things are handled would depend on which state you are in, how much damage was done and whether someone was injured. Your insurance company is the one that you will want to primarily be working with. They will be the contact to the other person's insurance company. What unfortunately often happens is that you will have to pay the deductible to get your car repaired. I know that it doesn't sound fair, especially if you feel that the other person was to blame. But this is what happens and I can not give you an explanation as to why. It happened to a friend of mine in New York State and she thought that because it was the other person's fault that his insurance would be who pays for the repair to her car. She got the run around for a month before she went down to her insurance company in person and they informed her that she would have to pay her deductible to have the car repaired. Which is what she had to do. Doesn't sound too fair does it?
So talk to your insurance company and tell them that you need your car repaired and don't expect to hear from the other person's company again.
Good luck to you.

Answer 4

You have insurance, you pay it so they will handle everything for you. You shouldn't have been talking with the other insurance company AT ALL! Stay out of it and let your insurance company do their job! You could have messed it up by talking to the other company!!! Your insurance will go after them legally if need be!

Answer 5

i am fighting the same situation,i got rear ended two years ago,i did get an attorney,but the insurance companies have two years to settle,if not then it goes to court,thats with an attorney.doing it on your own could take along time.there are alot of attorneys that do the we dont get paid unless you get paid,they are the best because you know they will try to get you all you deserve so they can get there share of it.if you have any questions let me know.ill be more than happy to answer you.good luck

Answer 6

first of all sorry to hear this...

ofcourse you have the right to fight back why not??

but if you get another lawyer that is a big jerk...just like in my experience...i rather recommend just do it on your own..

here's my suggestion... after you been contacting your insurance her insurance.....let you insurance pay for it first and let them run after her insurance...cuz that what i did when i got into accident just last year....ofcourse they give me hardtime...but still i keep on calling and calling them..its very stressful but i have to do it for them to fix my car...after my insurance pay for the damages of my car....they run after the insurance of the other person...so now everything when out find....dont let your insurance do this to you....you have the right first of all you been paying them.....

good luck

Answer 7

Get a good lawyer and have him or her send the responsible party a letter and from that point forward have your lawyer handle all communications for you. That's the best way to handle it, as insurance companies are really difficult to deal with on your own. Discuss a payment plan with your lawyer. The one I hired does not require payment until we settle with the other party. Good luck!

Answer 8

Let your insurance company fight your battle, thats what you pay them for.

Answer 9

You shouldn't have to chase this claim yourself, that's the job of your agent. Call him and see what the delay is (although just over 30 days is not a particularly long period). Did you ask about a rental vehicle while yours is being fixed?

Answer 10

I would forward the epair estimates to them and tell them that you expect your car to be repaired at their expense or you will have to institute litigation - stick to your guns they need to pay.