I had an auto accident yesterday, quick story, at fault driver ran stop sign and t boned me, my (2) kids in the car as well. I called her ins co and am requesting a rental, I have no transportation, no money to pay my deductable to have my ins cover rental, ins agent is stating he has to talk to the driver first and he cannot release authorization for a rental until she calls him back, we are now at day 2 and he has not heard from her, she did not even call to report the accident, I did....
Also, my ins co just called with an estimate, 3600.00, can I expect a compensatory offer too?
I am hurt bumped and bruised, my 2 kids are too, one has neck, back and a large lump on her head and the other has neck and back pain.
How long should this whole process take?
Thank you for your replies....
2007-03-21 04:56:29 · 14 answers · asked by bola 1 in Cars & Transportation ➔ Insurance & Registration
Gee the accident was 2 days ago and you say they're dragging it's feet? Give me a serious break.
YOU have a duty to mitigate your damages, you have insurance so go thru them. It's no one's fault your deductible is higher than what you can afford--those were the terms YOU chose.
The other party has no obligation to you....their obligation is to their insured and to protect their interest in this matter. Until they speak with their insured to confirm the facts of loss and the fact the accident did in fact take place, they're not paying you a dime. It takes however long it takes to get their insured on the phone. And guess what? YOUR insurance operates the same way....they're not gonna pay out a dime to anyone bringing a claim under your policy until they've spoken with you first.
2007-03-21 18:10:27 · answer #1 · answered by bundysmom 6 · 0⤊ 1⤋
I will assume this is an accident that occurred in the U.S.
1. The other drivers company has a duty to verify the accident with their driver before making any offer to pay any part of your claim. They are not doing anything illegal or unethical. None us would want our company to pay a claim against our policy without first contacting us. They have the right to investigate the claim in a "timely manner." The definition of "timely manner" varies from state to state.
2. If there is a police report go get a copy yourself and get it to the other company. If the report ID's the driver and the facts that may be enough for them to get you the rental car.
3. If there is no police report, hopefully there was an independent witness to the accident. Having them contact the other insurance company will help move things along.
4. I hate being the bearer of bad news, but IF you are living in a comparative negligence state the other company may not offer to pay 100% of your claim. In comp neg states even if you have the right away at an intersection you still have a duty to make sure it is safe and clear to enter the intersection. You MAY get tagged for being partially responsible for the loss for improper lookout or failure to take evasive action. Your claim may be reduced by anywhere from 5% to 25% depending on factors such as point of impact (POI). The further to the rear of your car that you got hit the better for you.
5. If you have rental coverage on your own policy, the easiest way to handle the matter is through your own company. Especially if the other company makes a reduced offer based on comparative negligence. I would rather be out 20% of my deductible than 20% of the $3600.00 estimate.
Good Luck
2007-03-21 14:25:34 · answer #2 · answered by fighting saints 6 · 0⤊ 1⤋
The first thing you need to do Right Now is go to a Doctor; take the kids and have a full check-up to see what or if anything is injured;
secondly, you need to have photo's taken of each visible injury you have; keep All Doctors reports;
third you need to Not Speak with the other guys insurance agent, At All. Say Nothing further.
You get your own attorney and have them deal with the Entire matter; do this Right Now, not tomorrow or the next day.
The other insurance company agent , if they had any brains, would have already paid you a few hundred bucks and rented you a car to make you happy, your injuries are compensable, more than you may think.
Don't delay.
2007-03-21 05:06:22 · answer #3 · answered by Adonai 5 · 0⤊ 1⤋
They are "dragging their feet" after two days?! Open your eyes... insurance investigations take longer then two days. They cant just have a random person call in and say "your insured hit me- i need a rental" OBVIOUSLY.. they need proof from talking to their insured or getting the police report which can take several days or even weeks.
"DRAGGING THEIR FEET"- ha. Its amazing how people can never be happy. i bet they are working their butt off for you and you dont even care.
as far as getting an attorney.. sure, do that if you want to wait weeks or even months...
and yes, i understand they were ticketed- but how does insurance know that?! at the scene you only get a "exchange of information"- it takes the officers several days to go back and write up a real report and graphs etc- they need that.
2007-03-21 05:57:52 · answer #4 · answered by Anonymous · 1⤊ 1⤋
Call your insurance company right now-- have you talked to them yet?-- typically you dont pay a deductible up front-- they cut you a check for the damages minus the deductible. I assume you have collision/comprehensive.
For my company (Geico) if they're working on a claim for me there is no deductible for the rental car. (I did elect to have rental car coverage becuase it was like $8 for 6 months).
Your insurance company should be helping you out and recouping the costs from their insurance company-- you shouldn't be dealing with them directly. Also, Go see a doctor-- if it turns out to be serious issues and you dont see them right away, it may be harder to prove in court.
2007-03-21 06:41:17 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Under the Unfair Claims Settlement Act, the insurance company must act once liability is reasonably clear. If the other driver was issued a ticket, that is pretty clear. Call them again and let them know it will be easier and cheaper for them to get you a car because if they do not, your next call is to a personal injury attorney and after you make that call and retain one, you will no longer deal with them directly.
2007-03-21 05:38:45 · answer #6 · answered by Jody D 6 · 0⤊ 2⤋
Call the insurance company, not his agent. Get a copy of the police report for yourself. Go to the doctor if you haven't already. Get a lawyer. Tell his insurance company that you are going to retain a lawyer, and call the state insurance commission.
2007-03-21 05:04:55 · answer #7 · answered by Ben H 5 · 0⤊ 1⤋
Badger the insurance company NOW, call them and do NOT let them call you back, get the car now.
they will stall.
Your ins. company did this for your info. Their company should be at your car doing an estimate within 48 hours or they should be reported. 24 hours is long enough. Get on the phone and demand answers you were a victim and it stops here....
Idiots like this fire me up. Call your agent and explain that you expect the other ins co to pay up they will make arrangements for your car
Do you have the police officers card, get the report number and give that to the others insurance company. DO NOT LET THEM use the stall tactic of we have not heard from our insured...kick 'em to the curb. do not let your insurance company do the repairs. She is liable and needs to wake up....Oh if she had maybe the accident wouldn't have happened..
2007-03-21 05:01:53 · answer #8 · answered by Uncle Red 6 · 0⤊ 4⤋
Ask your insurance agent what to expect, they deal with this all the time. They really should help you, if they don't then go over their head to their boss.
The state insurance comissioner is also another resource, but the 2nd day is rushing it a bit... Our accident reports when we investigated them as police officers took 5 days to make it through all the steps of processing...
Sorry, it does take time, it just , isn't fast, nor does it seem very fair.
2007-03-21 05:17:16 · answer #9 · answered by Anonymous · 0⤊ 2⤋
1
2017-02-17 21:10:21 · answer #10 · answered by Anonymous · 0⤊ 0⤋