Not at Fault, Other Insurance Still Not Complient

[Nurse85]

My parked car was hit severely by another driver who blacked out. I thought my car would be totaled. I took pictures, videos, Got a police report with 2 witnesses.

I called the other insurance at fault and stated they are can not go on further with the claim because the client is still in the hospital and suggest to call my own insurance to assist me in the damages to my vehicle. I did that.
So far my own insurance has moved my car to a body shop and repair my 2010 car. However I just found out yesterday it will take 3 weeks.. The damages are almost 6,000 but repairable. So I have no car.

Yesterday and today I called that person at fault insurance and they wouldn't pick up or call back.

Therefore I emailed them with straight forward since they weren't picking up my phone calls "wanted to make sure you guy are paying my deductible and the damages caused by your client to my vehicle and I need a car rental what are the options"

I got an email right back "We are still investigating the accident due to a coverage issue" they recommend to file damages with my insurance company to assist with my damages. Which they did.

Is the person at fault insurance company trying to ignore me?
What should I do?

 

[Josh]

Total WAG:

The other guy might not have paid their insurance so they may deny this claim altogether. Again, total WAG, but that's what it sounds like.

You can go after the guy personally or ask him nicely to give you your deductible and call it good.

Some body shops will give out free loaners (sounds like yours doesn't).

Your agent might have mentioned rental car coverage and if they did it sounds like you didn't go for it. That would have paid for the rental. If the other guy does have insurance and is found liable they likely will cover a rental car for you, but it's entirely possible they won't.

Good luck!

 

[VolAgent]

Insurance company for the other party is trying to determine if their insured was actually at fault. Until they do that they aren't paying anything. Trust me, I've been there.

You may want to get a copy of the police report, that can help prove their insured actually was at fault.

Also, does your policy not have rental car coverage? Worst case, go rent a car yourself and send the bill to the at fault company. Of course, that does open up to fights down the road about what they will and will not pay towards the bill. If you do, make sure you get a car that is comparable to your vehicle in the shop.

 

[Nurse85]

I already obtained a police report as I mentioned Before and it clearly stated the other car hitting my park car with 2 witnesses seeing this. The one at fault didn't go far from the scene his car was probably totaled and he ended up going up to the hospital.

My car insurance policy itself does not cover rental but I was told if the other insurance is being non compliant or will not offer a car rental or some sort to try my company again buy go though the bigger agent. Basically i have american access and it's run by northwest insurance. The guy at faults insurance is Ameriprise . I feel like these are 2 bad car instance company bc I'm constantly calling back and forth one auto insurance and the other. I just dont understand why I was not at fault but have to end up paying the damages. I'm guessing what the first person reply may sound like it.

 

[VolAgent]

Did you send the police report to the other insurance company? If they don't have it, they still don't know their driver is at fault.

I have no knowledge of either company, so I have no idea of their reputation. They could easily just be following procedure or they could be trying to drag this out. I do know it is extremely unlikely your company will pay for a rental car unless you already had that coverage on your policy. Also, another agent isn't going to call on your behalf unless they are the agent on the policy.

If you have sent the police report to the other driver's insurance company and they still seem unwilling to pay, you may wish to contact the insurance commissioner for your state.

 

[Nurse85]

Yes I have faxed police report to that insurance company and it states their client is at fault and with 2 witness.

He is a fault bc he smashed into my parked car .

It's been 3 weeks since the accident and the fault 's insurance still says that they can't continue with the claim bc they are "not sure if this is a cover loss on their end?!!"
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And I hate how the fault insurance co keeps repeating me to Continue with my insurance to assist me in my damages to my car which I already have! My car is currently in a body shop getting repaired for the next 3 weeks thru my insurance ! Got an estimate of damages ... And still the at fault insurance isn't going further with me! They are still investigating if this is a cover loss on their end?!!!!?!!!

 

[VolAgent]

That sounds rather like, "We don't think his coverage was in effect."

Perhaps he had let his coverage lapse, maybe the policy hadn't taken effect or there is some other reason they feel he wasn't covered. In any case, they aren't going to pay unless they determine he was actually covered at the time of the accident. I'm not sure why it is three weeks later and they haven't decided. Or perhaps they have but don't feel they are able to tell you.

You may have to file under uninsured motorist on your policy. You'll have to pay the deductible and let your insurance company go after the other driver to recoup the damages including your deductible.

 

[Guest]

If they are giving you the run around, I would sue the driver in court while filing a claim with his insurance.

When I rear ended a car the chick took me to small claims court after about 3 months. Im assuming because my insurance didnt want to pay. The chick showed up with bogus medical statements totaling the max for small claims $10k. She supposedly needed 2 medical ice packs a day for the max days. Each ice pack cost $50. Why cant you just re-freeze a $50 ice pack? I dont lnow, but it worked. Needless to say my insurance settled out of court.

This is America if you take legal action against the driver with an absurd amount, the insurance company will be more inclined to do something like settle out of court since they know they will have to pay if the other driver is found responsible

 

[Josh]

If they are giving you the run around, I would sue the driver in court while filing a claim with his insurance.

When I rear ended a car the chick took me to small claims court after about 3 months. Im assuming because my insurance didnt want to pay. The chick showed up with bogus medical statements totaling the max for small claims $10k. She supposedly needed 2 medical ice packs a day for the max days. Each ice pack cost $50. Why cant you just re-freeze a $50 ice pack? I dont lnow, but it worked. Needless to say my insurance settled out of court.

This is America if you take legal action against the driver with an absurd amount, the insurance company will be more inclined to do something like settle out of court since they know they will have to pay if the other driver is found responsible

Right. If the driver couldn't afford their insurance, I'm sure they have the money to pay the claim.

 

[Guest]

If you sue someone who can't pay and win, you get a judgement. That judgement could be enforced at some later date, when they do have money (not forever; you have several years to enforce it). You could also try to garnish their wages, or get a percentage of their income. So it's not a waste, in that there are ways to, eventually, recover from someone who has no money at present. Even if it takes time, something is better than nothing.

But yes I do use that logic when pitching uninsured motorist coverage because it is a pain to sue people.