Got rear ended on my bike and other driver never called his insurance?

Question

His insurance said they can't process the claim till they talk to him. I can't get to work now and was hoping there was something i could do to speed it along. Please help

Cop's have him at fault. His insurance said they can't process the claim till they talk to him. I can't get to work now and was hoping there was something i could do to speed it along. Please help

Answer 1

As long as you got the insurance information from the other party, contact his insurance company. Don't forget to contact your insurance company too. An adjuster should be assigned to handle your case (either from your insurance company or his insurance company, depending on who you call). Keep your contact with this person, who should have already received a copy of the police report. If he/she doesn't have a copy of the traffic collision report, provide him/her with one (you can get one from whichever agency prepared the report, which is assuming that you notified the police).

The adjuster will want to get a statement from you (probably recorded) so give truthful answers to the adjuster (because this could be used at a later time in court). The adjuster should eventually send you a letter advising you whether the insurance company has accepted the claim.

The adjuster will probably also advise you to bring your car to a garage of their choice - a preferred vendor, but you don't have to do this - or if you have something in writing from the garage you went to - so that your car can be evaluated (if it's a total loss, based upon the damage to your car and its value).

If your claim is accepted, the adjuster will have a check sent to you to cover the loss. The adjuster will also send you a waiver / release, which should ONLY say that you are releasing the company and its insured (the person who hit you) from claims for any damages to your car (you'll need to sign this before you can get the check). Be sure it doesn't say anything about waiving any claims you may have for bodily injury (unless you'e negotiated a settlement for that too).

That's all the information I have. Hope it was helpful.

Answer 2

So what if the cops put him at fault, cops don't determine negligence, and they don't tell insurance companies to pay a claim or not. Hate to tell ya but you have a legal obligation to mitigate your damages. There is nothing you can do but have your repairs made, rent a car or take the bus, and turn your receipts in for reimbursement. No insurance will pay a claim to a 3rd party until they have spoken with their policyholder and it doesn't matter if there is a police report or not--people lie about their identity all the time (hello! identity theft)....would you want YOUR insurance to pay someone without having spoken to you first? I seriously doubt it. And as someone else mentioned, there is something called a COOPERATION CLAUSE that says if their policyholder and/or driver doesn't cooperate they can and will deny any claims.

Answer 3

alot of insurance companies have a clause in their contract saying you must cooperate in order for them to provide coverage. They cant cover you if you dont cooperate with them in the investigation.

If this is the case in this dudes policy... they have every legal right to deny the claim. No attorney or amount of screaming will change that.

THeir driver is putting himself in danger of a claim directly against him by not cooperating.

Even if the company does decide to go off the police report.. they have to give their insured time to respond... usually atleast a few weeks... before they can help you. And you cant just stay in a rental all ths time and expect them to reimburse you for it. Its called "mitigating your damages" and it means you have to take the proper actions to not make the claim more expensive then it should be.

I highly suggest you go through your own insurance.. if you dont have it.. well.. you kinda screwed yourself over.

ask the other carrier if you can pay for repairs and them reimburse you if they accept liability.. they may go for that.

again.. there is nothing you can do legally. they have every right not to accept right now.

Answer 4

They should not be able to do that. You should be able to file a claim with their company if you want to. You COULD file a claim with your insurance company and pay out your deductible and they will fix your car then they will go after the other guy's insurance to get reimbursed and once they get that you will get your deductible reimbursed as well. Good luck

Answer 5

Speak with an attorney. He might be able to speed up the procedure.