Someone totaled my car in a 3-car accident a few weeks ago. The person-at-fault's insurance company refuses to pay for my rental car and is dragging their feet on providing the necessary paperwork so that I can go forward with my gap insurance company and the auto financing company. The other two drivers have the same insurance company. I think they're trying to force me to file it as a collision claim with my insurance, but then I'm out my deductible. This doesn't seem right to me. Any opinions? Anybody experienced this before?
This happened in Texas. I can give more details if someone thinks they can give me some advice.
2007-06-21 09:15:48 · 7 answers · asked by Joe J 1 in Cars & Transportation ➔ Insurance & Registration
Let me throw out a couple of options for you to consider.
1- If you settle with your company they will deduct your deductible amount from any check they send you. However, after paying you your company will then go to the at-fault parties company to seek reimbursement of your deductible. It could takes months but it is normally easier and faster to settle with your own company. Your company is also much more likely to assist you with the paperwork required for the gap coverage.
2- Ask the at-fault company to pay you your deductible amount upfront and then settle with your own company. During my career I have done this hundreds of times (including in TX) so innocent people could settle with their own company and not have to worry about the deductible.
Good Luck
2007-06-21 13:12:38 · answer #1 · answered by fighting saints 6 · 0⤊ 0⤋
Speak to your insurance company (you should have reported this to them anyway, even if it was the other person's fault). They may pay the claim so you can get on with your life, but they will then go back and sue the other insurance company to collect what they paid to you - this is called subrogation and it's a common insurance practice. Aside from that, if you have a police report stating the accident was not your fault, you can show that to anyone who disputes your involvement and prevent them from charging more on your own insurance.
2007-06-22 10:01:45 · answer #2 · answered by sanitystrksback 2 · 0⤊ 0⤋
People dont seem to understand that there is lengthy investigation required when people want to go through the at fault parties insurance. Maybe they didnt explain that to you (which would be their fault) This is why you are sometimes encouraged to go through your carrier.. so youc an get it done.
For example...Right now they may be in the stage where they are investigating coverage. What thatmeans is they are trying to speak with their driver... determine if they are on the policy.. determine if the policy is still valid.. etc. This can take time.. sometimes drivers arent cooperative. They cant just keep you in a rental the whole time they are investigating.
Next.. they have to prove their insured was at fault. This means trying to get ahold of witnesses, speak to all drivers, get police reports, etc. This again can take time.... again.. until they determine whos at fault.. they dont owe you rental.
Now.. once they make you an offer for yoru total loss.. they only owe you rental for another 3 days or so...
Sounds like you may be bugging them and calling alot when there is nothing they can do at this point.. thats probably why they want you to go through your carrier!
There is a process that must be done to provide coverage on a claim. They have every right to do this process. If you dont like it.. like they said.. go throughyour carrier.
2007-06-21 16:25:41 · answer #3 · answered by la428282 6 · 2⤊ 0⤋
Yes it is common, especially with the 'cheap' insurance companies. Don't get an attorney yet. They will cost you more then your deductible. Call and get a supervisor on the phone. Be nice, tell them what you want/need. See how they respond.
There might be limits involved that you do not know about. The person might have only had state minimal coverage and since there is more than one car involved they need to figure out how to divide the money.
2007-06-21 16:20:07 · answer #4 · answered by PJ 5 · 1⤊ 0⤋
call and discuss with your insurance company they will probably lean on them to settle up quicker
2007-06-21 17:30:49 · answer #5 · answered by hunting4junk 4 · 0⤊ 0⤋
You should speak with an attorney. Insurance is a rogue industry, and they will try to screw you any way they can.
2007-06-21 16:19:43 · answer #6 · answered by Anonymous · 0⤊ 4⤋
Call an attorney and sue. That is what I would do.
2007-06-21 16:23:31 · answer #7 · answered by Mr. Taco 7 · 0⤊ 4⤋