On April 4,2007 my husbands car was parked in the street which is in a culdesac, the neighbors daughter was dropping her off and when she reversed hit our parked car. We were told by the officer that her Insurance company would be contacing us. On May 23,2007 we called the Insurance company to find out she never reported or filed a claim. since then they have made several attempts to call only to get hung up on and have sent a certified letter with no response from her. The claim adjuster today told us they have the right to get a statement from their insured (usually about 30 days ) and if they dont get one they may decide not to pay out the claim (money to repair the vehicle) for damages. I told her what am I supposed to do now she said I would have to take it up with my insurance. I dont think that would be fair. What rights or actions could I take if she decides to deny the claim in order t otry to get them to payout the claim? They have the police report which has her statement.
2007-06-12 14:38:30 · 8 answers · asked by mmedina96 4 in Cars & Transportation ➔ Insurance & Registration
You have the right to be compensated for damages that their insured caused. Sounds like their playing hard ball. If they stall you long enough then youll go away (or call your own insurance company.) You may need to give them some time. In the meantime I would call your states consumer protection department, insurance commission or other government office to find out if its okay for her (the insurance adjuster) to arbitrarily decide which claims they pay and to tell you they wont pay if they dont get a statement from their insured (a criminal by the way - for not reporting an accident to her insurance company) I would call the police and ask if she was obligated to report it (at least for your sake) If that isnt illegal it ought to be. If it is hopefully she gets in trouble.
It wasnt paris hilton was it.
Good luck to you.
P.S. just wanted to add that some say to call your insurance company. I was in an accident and did that. I claimed against the others insurance but I let my insurance agent know but no one ever put anything into the data base. Nearly a year later I had to claim the same injury using my insurance company and they didnt know anything about the accident. Keep documentation, get verified statements from both insurance companies if possible, cause in the end none of them care and will try to disclaim any liability. You never get reimbursed enough for all the trouble you go through.
2007-06-12 15:03:52 · answer #1 · answered by friendly advice from maine 5 · 0⤊ 4⤋
This isn't a matter of fair, it's a matter of some stranger bringing a claim against their policyholder and the insurance company having a duty to investigate all claims and protect their insured. Doesn't matter if they have the police report, it doesn't prove anything. They have to speak to both the policy holder and the driver for a statement and to verify the accident happened and without it they will not pay you anything. If they refuse to cooperate then yes your claim can be denied. The adjuster was correct in telling you to go thru your insurance, that's why you have it. What are your rights? 1) Mitigate your damage as required by law, 2) you can sue the girl.
2007-06-12 17:35:36 · answer #2 · answered by bundysmom 6 · 2⤊ 1⤋
You should have, and still should, call YOUR insurance company and make a claim. they will read the police report, evaluate the claim and go after the other party for compensation. Your insurance will talk to her insurance and get you paid for your damages. This is why you have insurance, to handle such things for you. If she denies responsibility her insurance will probably still pay, and they have the means to take her to court if need be.
2007-06-12 14:54:53 · answer #3 · answered by oklatom 7 · 1⤊ 1⤋
you should have called your insurance company immediately and given them the police report. It is very hard to collect sometimes.
My little brother's jeep was hit and totalled. The other party's insurance never paid him a dime.
That's why some states are moving to drop some insurance requirements on vehicles because it is so flawwed.
2007-06-12 14:46:03 · answer #4 · answered by Laszlo D 4 · 0⤊ 2⤋
Let your insurance company file the claim...then they will go after the other party...this is called subrogation....where they will try and reclaim the money that you lost ...sometimes this includes going to court. You may have to pay your deductible...but hopefully they will get it back for you when they get the other party's insurance to pay. Sometimes this is the only option.
2007-06-12 14:43:31 · answer #5 · answered by fromthecabbagepatch 4 · 3⤊ 1⤋
You should file with insurance company. They will pay for your rental and pay you the cash if they won't pay to your mechanic. Also file with his policy not yours.
2016-05-18 22:20:46 · answer #6 · answered by ? 3 · 0⤊ 0⤋
Why are you golng through this aggrivation??? One call to your own agent is all you would have had to do?
You must enjoy doing things the hard way.
2007-06-12 16:53:48 · answer #7 · answered by TedEx 7 · 2⤊ 2⤋
Oh ok... i found this for you...
better check on it, im pretty sure you'll discover something useful...
http://www.myautoinsurancetips.com/
2007-06-13 10:10:06 · answer #8 · answered by Anonymous · 0⤊ 1⤋