what can i do if i was rear ended and the insurance co is not doing there job and bulling me?

Question

i was rear ended by a young girl and now the insurance is dragging there feet saying that they are "working on it" I have no way to get to work and no ability to rent a car because I don't have the money and do not have the coverage from my ins co.

Answer 1

Since you were hit from behind her insurance company will cover the rental of a car (they won't tell you that right out but ask your agent)
When I was hit (totally the others fault) the others insurance company dragged their feet, telling me there were witnesses that saw it was my fault. I knew it was a lie (since I was telling the truth) and told them so. When I asked about the rental they told me that if they found it was my fault I would be responsible. I went ahead and did it (since I too needed wheels and my car was in the shop for almost 30 days...it was just shy of being totaled) They ended up covering it all. Remember its their job to save their company money and if they can convince you not to rent they can save a lot.

Rear end collisions are usually the others persons fault for driving to close to be able to control their own car. It will probably take at least a few weeks to settle. good luck.

Answer 2

Hiya:

Ask some more questions. Get complete answers.

What exactly are they 'working on'?

There ARE things the insurance company needs to do. Confirm coverage is a big one. Just because you were hit and she SAID she had insurance doesn't mean that she DOES have insurance.

What if she was an excluded driver? What if she let her policy lapse? (If either of those are the case - follow-up with your insurance company. You would be able to make a claim under your uninsured motorist (UM) coverage for injuries and for property damage if you carry UMPD (UM property damage)

Regardless - in most states, after a claim has been reported the insurance company has X # of days to advise you of whether it has been accepted and is compensable or if they need additional time to complete their investigation. They shouldn't drag their feet (although they DO get overwhelmed with claims) - they shouldn't leave you in the dark, either

That information is stipulated by the insurance regulations of the state. You can check out your state's dept of insurance website or even give them a call.

When you call the adjuster back you'll be able to act like you know what you're talking about when you say, "You have 10 days to respond to me in writing per the state insurance regulations. Failure to do so will result in a department of insurance inquiry and possible fines."

:-) Go get 'em.

Good luck!

~jifr!

Answer 3

Some of these responses are just ridiculous and just wrong
I am glad the last person at least made since

IN THE END, the responsible persons insurance company in any accident should pay.
If you choose to continue a claim through the other insurance company they are required do several things before they can pay a claim. They will just not take your word for it.

1. They will verify coverage was in place(bill paid, driver listed on policy, if not then permission to drive?, driving a vehicle on the policy?)
2. Verify the facts of the accident. THEY WILL NEED TO SPEAK to their driver in most cases before they take action. They have a policy(contact) with their policy holder and in most cases they will allow their policy holder the max time by state law to respond.

If there is a problem or unknown factor in any of the above they will have to verify it. If they cannot reach their driver, they will keep trying. If their driver makes a dispute as to what happened, they have a duty to investigate this no matter how unrealistic it is. Again you are filing a claim under their policy. You don’t pay premiums to this insurance company like their driver/policy holder does. Just ask what the hold up is and they should tell you.

Look up your state claims settlement requirements and there should be some time frame. Until you reach that time, you really can’t do much, legally or complaint wise at least.
If the other driver was friendly after the accident and admitted fault, you may try to call them and let them know that their insurance needs to speak to them or ask them to call their insurance company(they may respond quicker to their own customer) and ask them to help you. If you feel that the other driver does not want you to call them personally, don’t. Also the claims industry is like any other now-a-days, they are trying to get more done with less. The adjuster may be very busy. I recommend leaving polite messages for the adjuster, possibly on an every-other-day basis. This way they willl remember you but not in a negative way. If they have 10 messages, 9 angry and yelling and one polite, who do you think they want to speak to?

When you call the insurance company next, ask if you can inquire about what is causing the delay(coverage problem? Can’t reach their policy holder? Dispute of what happened)

If coverage problem
How long do you think this will take to be resolved?

If they can’t reach their policy holder?
When was the last time you tried, offer to verify the # that you have for their policy holder. There is no way the adjuster can try every day but they should be making reasonable attempts(they should at least be trying 2x a week). If you get the feeling that the adjuster has not been making reasonable attempts to reach the policy holder, ask to speak to a supervisor. If the Supervisor reviews the file and sees their adjuster is not making reasonable attempts they will most likely be apologetic and try to help further(the Dept of Insurance can review their files and they want to make sure they have their contact attempts documented in the file). If the supervisor takes the stance that they are doing all they can, then they most likely feel that their file supports reasonable contact attempts to their policy holder and a dept of insurance complaint will not concern them.

Dispute of what happened?
Can I offer any clarification of my side?(if this is the case your next phone call should be to your insurance company. If your insurance adjuster knows there is a dispute, they need to start investigating further also. They will support your statement in a dispute.

Lastly, you can have your insurance company handle your damage(if you have COLL cov) and they will subrogate(seek reimbursement from the resp party) for you. This type of situation is what you pay your insurance company to handle if you have COLL coverage.

Answer 4

Her insurance co. should get you a rental car ASAP if she's at fault....tell them you're having neck problems and headaches, that usually gets em motivated to hurry up the claim and settle before there's pain and injury damages involved. If they stall, go through your own insurance co and have the rental charged to the repair bill for now...your insurance co has lawyers and should be there to protect you, that's what you pay them for. Tell the other company you're going to complain to the State Insurance Commisioner's Office. Write a letter or call the Claims Dept Supervisor of the girl's insur. co.

Answer 5

Try calling the police once again. You can still file a report with them. Ask them if they could run the plate number. This will provide you with the insurance information. If they decline, your only recourse would be to file a small claims action against him. Once he receives the complaint, I am sure he will refer it over to his insurance company. Otherwise, file a claim against your own collision coverage. Your insurance will pay you, and then subrogate against you. Since you are not at fault, your rates should not go up.(I have been rearended three times, and my rates have never gone up).

Answer 6

first off if you were rearended, HER insurance should be paying to put you in a rental. If they seem to be dragging their feet and not paying for a rental for you, talk to the adjuster for her company and let them know this is unacceptable and you WILL be asking for repayment of lost wages and transportation costs you are incurring. you didn't say how long this has been going on, but if you feel it has been THAT long, call your insurance company and have them help you out with it...thats what you pay them for. if you have an agent, call them...they SHOULD be going to bat to help you get this done.

Answer 7

you need to harass the crap out of them , working on it is not a solutions , they dont hesitate about raising your premium do they !! this should be resolved within 2-3 days . when my dasughter was rear ended it took 5 days total for both insurrance companies to look at the car and issue a check for repair

Answer 8

Make some noise. Call them. Call her insurance company.

Got a credit card? Book a rental on it and get reimbursed.

Or... Ask your insurance company what rental company they use. They are required to give you a local agency to deal with and you should have to pay $0.

Good luck.

Answer 9

the girl's insurance should be paying for a rental car for you. i would keep bugging them until something is done.