How long can the car insurance company wait to pay me for damages for a car accident that was not my fault?

Question

I was in a car accident that was the other drivers fault and have filed a claim through their insurance (State Farm). I called today to see what the status was so I can get my car fixed and they said they haven't been able to get a hold of the driver to verify fault so I have to wait until they get ahold of him before they will approve any work to be done on my car. This happened almost 2 weeks ago. The adjuster said that they keep calling and leaving a message for the driver to get a hold of them, but he doesn't return their call. Well obviously he is not going to be in a rush because the accident was his fault. So my question is do I just have to sit here and wait for them to finally get ahold of him? Is there a time limit or am I just screwed until they finally decide to get ahold of the driver? My car is drivable, its just ugly because there is a big dent in the side of the door.

Answer 1

Yes, they need to verify the facts of the accident before they will pay you. Before they write a check to you for damages, they would be more likely to deny coverage altogether on the basis that their policyholder is not cooperating in the investigation...

So, going through your own insurance company is good enough advice.....but not the route that I would go.

Hopefully, you obtained the other driver's address and phone number......there is nothing that keeps you from calling that person directly, or even going to their house. They may figure the insurance company will go away over time....but the party who is out thousands of dollars isn't going anywhere anytime soon. I would be polite at first, leaving your own message and giving them a few days to do the right thing. Then I would become more aggressive and start calling everyday, or even stop by from time to time until they make the report.

Of course, that's just me....some people are afraid of confrontation.

Answer 2

Unfortunately there is not much you can do but wait. I went through a similar situation, only I waited a week. But that wasn't a matter of the insured not answering, but the insurance company not calling. Don't ge me started on the nightmare I went through with that one.

You have the option of going through your insurance company, but they would need to contact the at fault party. They may be able to go ahead and get started on fixing your car as long as you have full coverage. Of course you will have to pay the deductible. Your insurance company will just have to go after the other insurance company to get the money. Thats called subrogation.

Another thing...I am not sure what state you are in. but some states (such as Georgia) require you to get diminished value on your car. But they won't give it to you unless you tell them to. Basically it is the loss value of your car because once a car is in an accident, it loses value. I got $500 out of the deal, which is better than nothing. Good luck!

Answer 3

You cannot sue the insurance company. Insurance companies do not have to pay out any money towards medical bills until the medical portion of the claim is completely closed. Once you are released from a doctor then you'll start seeing the money from the insurance company. They won't settle the medical claim until you have been legally released from a medical practioner

Answer 4

You do have the option to pursue a claim with your own carrier if you have collision coverage. You would just have to pay your deductible and once your insurance company receives payment they will reimburse you.
As for how long it will take for the other parties insurance company to pay you there is no way to tell especially if their insured is not cooperating. They do need to verify the fol with their insured before they can accept liability and pay you for your damages. If they can't get a hold of their insured then they might end up denying your claim, based on the fact that the other party did not cooperate.

Answer 5

Call your own insurance agent. They can get your car fixed and go after the other insurance company themselves. That's what you pay the high premiums for. Also, I've found out that if I pay a little extra, my insurance covers a rental while mine is in the shop. When the insurance companies are paying for you a rental car, it doesn't take long to get your car repaired.

Answer 6

State Farm is correct -- until their policy holder actually files a claim they cannot settle this with you. He is probably a deadbeat with a string of moving violations and is on the brink of being cancled anyway. Your best bet is to file it under your own insurer and let them subrogate against State Farm. That way the entire cost of the settlement (including your deductible) can be recovered.

Answer 7

There is no time limit for State Farm to settle with you. They have a legal obligation to speak to their insured and get his side of the story.

If you don't like to wait - then call your insurance company and file under your collision coverage. Your company will then subrogate (go back against) State Farm for re-payment.

Answer 8

Pay your deductible, then the insurance co will pay to get the car fixed. Once they get ahold of the other driver and their insurance co. they'll refund the deductible back to you. Hopefully you don't have some rediculously high deductible otherwise you may just be stuck waiting.

Answer 9

I went through my insurance company for a similar claim on fully comp. . it was not their fault that the one at fault would not reply to correspondence. i do not know what the decision was but I had to wait about four months to get my excess back

Answer 10

I waited over a year for a lousy $625.00.
The insurance companies are not in any hurry to pay you............ but boy, YOU miss a payment and all of a sudden you're the Anti-Christ.
The waiting wouldn't be so bad if we could charge interest for what's owed to us. Yeah, you'd see how fast they move then.