Problems contacting driver at fault. If they are ignoring the claim, what are my options?
Add commentsQuestion by kawaiinurse2012: Difficulties contacting driver at fault. If they are ignoring the declare, what are my possibilities?
I was the middle car in rear conclude accident. I was pushed into the automobile in front of me. Equally of the other parties coincidentally have Farmers. To complicate things, the lady that hit me was driving her friend’s Benz. My statements adj suggested I call Farmers to give my account of what occurred to expedite points so I did and received nowhere. I’ve go through this on other posts and the identical issue is now happening to me wherever their ins co said they can’t do nearly anything till they make make contact with with the driver so they can get HER aspect of the tale. I called my adj back and they mentioned practically nothing new has transpired other than letters have been mailed out trying to get in touch with the other motorists. The car in front of me has a claim# but has yet to give her side of the tale as well.
I have liability only and uninsured motorist (my vehicle is a POS). My bf is an automobile body tech and by his estimation, my automobile is totaled (think accordion). I do not have any cash to start off outright paying for costs. A police report was manufactured at the time of the incident even so the officer in no way asked about injuries. I was obviously limping around so I do not know if that was in his report but I noted my sacral discomfort and whiplash to my insurance plan in addition to viewing my physician that subsequent day. I will also most likely ask for PT referral, I Require a great back again for the relaxation of my nursing job. My auto is drivable but I am hesitant to do so, nonetheless I have no selection since I am a FT nursing college student who Should be current for concept and clinicals. So you can envision my wanting to get items rolling and why I am annoyed that this girl hasn’t even contacted Farmers. (On a facet note, if I lent my pal my Mercedes, you better think I would be on her a** to just take responsibility if it meant MY premium was likely to be affected.)
So my questions are:
1) If they never ever get in make contact with with the DRIVER, would the identify of the insured nevertheless be accountable for having to pay me and the #1 car out for damages?
2) Will the driver be accountable in any way ultimately?
3) If Farmers in no way gets a hold of both the driver or the name of the insured and denies me payment for damages, who do I file fit versus among the driver and name of insured?
FYI - The explanation I am suspicious of her making an attempt to disregard her responsibilities is since of some thing significant she mentioned at the time of the accident. When she came out of the car, the first factor she explained was, “I’m f*cked, I was just in an accident six months in the past and it was my fault then.”
Greatest reply:
Solution by just me
Your payout will even now take place, this is up to the insurance coverage company to sort out, not you
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July 13th, 2011 at 12:20 am
Your insurance is supposed to contact the other driver…not you. If you have to contact anything about them, you call their insurance (which is the same as yours). But it is up to insurance. Talk to your agent about it.
Was there a reason why you didn’t tell the officer about your injury? He should have asked you…but, you also should have volunteered that information whether he asked or not. Sometimes, you have to look out for yourself and not wait until the other person asks you something.
Many times, car accident claims are not a “rush job”. There is nothing you can do to hurry it along unless you want to take her to court…but then you’d have to hire an attorney.
You need to ask your insurance carrier about your questions.Continue to call your insurance about your case until you get a concrete answer.
Just because she claims it was her fault, doesn’t mean she will eventually say it is her fault. Unfortunately, you need to be prepared for this and to pursue it in court if necessary or handle the cost yourself.
July 13th, 2011 at 12:59 am
Quit messing around with the insurance companies. They are only in it for themselves and since you are not insured by Farmers they are not going to get in gear to help you. You need to hire an accident attorney right now. You have given the insurance company plenty of time to do the right thing and they are just putting you off. An attorney will help you with getting the settlement process started as well as with any medical assistance you may need. Don’t let the insurance company take advantage of you. You have tried to do the right thing and have gotten no where. Now it is time to let a very qualified attorney work for you. Don’t wait, do it now!! Get the help you need.
July 13th, 2011 at 1:01 am
you have done everything you can do, at this point. hang in there, yes the owner of the car is sitting on her thumb, that sucks, lets hope this issue is resolved soon. The insurance company is not happy with this client. They have to get this mess done in a timely manner, and they cannot. Please, get the form, you need to notify the dmv of your accident due to damages to you, and your car. You should be sending a form soon, and explain the owner of the car has done nothing. an unpaid for accident gets her license suspended. until it is resolved. for the owner of the cars information write unable to get insurance company to cooperate. So the dmv will investigate this too. (put drivers info, and owners info, owner is responsible for this vehicle o matter who is driving. If you have too, file a small claims suit against her insurance Company and her and the girl driving. Someone will pay for your problems, your poor Honda accordion, hmm that came out odd) and your pain and suffering. I hope you feel better soon, accidents suck, and sometimes they leave us with unreasonable fears. Don’t worry, Its going to work out, and besides your bf works in a body shop. That’s a good thing. take care.
July 13th, 2011 at 1:08 am
No insurance company will ever settle a claim without getting their insureds side of the story. If you had collision coverage, your own company would pay to fix your car and then THEY would do any “contacting”, settling, investigating, communicating that needs to be done. Without collision, you are on your own
July 13th, 2011 at 1:19 am
As a former auto adjuster can tell you some facts. With rear end accidents, the person who rear ends someone is always at fault for not paying attention, following too closely or not keeping an assured clear distance.
But in your instance there are 3 cars involved. Even though the other 2 have the same company, each adjuster is handling like they are 2 different companies and open a claim for each. Each adjuster will make their own decision based on their OWN policyholder period.
All 3 adjusters (including your company) must talk to all 3 drivers before they conclude their investigation. Now the biggest problem you have is the person who hit you was not the insured driver on the policy. IF;;;;;so instance, the owner of the benz states I did not give permission for this girl to drive my car, then they can DENY your claim for non permissive use, in other-words they do not pay you for your damages. Or, if the owner of the benz refuses to cooperate with HER insurance company they can deny the claim for no cooperation.
The 1st car has absolutely no fault in this accident and is lucky, but they MUST also talk to her since she was the last car hit. The reason for this is that since she is the last one hit, they must verify there was only 1 hit vs 2 hits in this accident. If car #1 says I “felt” 2 hits, that means that you hit the 1st car 1st, then the benz behind you rear end you, causing you to hit #1 a 2nd time. If that happens, YOU will be responsible for #1 rear damages 50% and the car behind you owes the remaining 50%. So you have to hope that #1 confirms only 1 hit, so off the hook.
Now if they deny your claim, since you have uninsured motorist, then YOUR company will pay you for your injuries under YOUR policy and then go after the at fault party to collect. But for them to do this, the other company will have to send a letter to your company that they are denying your claim for COVERAGE. If you have uninsured motorist property damage coverage, the same will apply.
But if you do not have uninsured property damage and they deny your claim, your only recourse would be to file a suit for your car damages against the driver of the auto who hit you.
“Technically” they owe you for a rental car if your car is un-drivable till this is settled. But;;;;;until you know if they will pay or not, could be out of pocket and no guarantee you will be reimbursed.
Talk to your own insurance company adjuster for advice and clarify what coverage you have on your policy and how to proceed. But at this point you are at the mercy of the other drivers to call and give their side of the story. Each company has a contract with each person and they must give their OWN policyholder the benefit of the doubt and is required by law.
good luck