Other Driver Not Giving Statement... Options?

txdriver

New Member
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So, my boyfriend got into an accident on November 30th. He was making a left turn and had a green light and as he was turning, another car ran a red light and hit the side of his car where the tire is. Now his tire is indented inwards and something inside must have been broken because there was water everywhere around his car.

At the scene, the guy, of course admitted fault to running the red light because his brake lights came on earlier and he could not stop. They exchanged insurance and then called the police. The police filed a report and had a tow truck come to to my boyfriends car along with the other driver (I assume because his brake lights were on?).

Anyway, long story.. but it's been over a month now and my boyfriend has been calling the adjuster to get an update but she keeps informing us that the other driver has not given a statement. She says that every time she does get in contact he is not in the right place to give a statement. My boyfriend is 18 and we have classes starting next week. He has not gotten a rental because we can not afford it. He only had liability on the car so there's that. What are our options? Do we just wait it out? How long can these things take? She also stated that after a certain amount of time they can close the case.. What are my options? I'm really concerned that this guy is going to get off scot free and us being stuck with no car.

Any advice? Has anyone been in the same situation and gotten the matter solved?
 
Insurance companies always want to get both sides of the story before they write a check. I'm sure you can understand that.

Usually, this is a non-issue, they talk to both parties, one admits fault and the case moves on. In this case, that didn't happen, but apparently, they have been able to get hold of the individual, which is a bit strange. They are trying to give the other party a chance to clarify his position. If that is not possible, which happens, they will base a liability decision on what they have, which is the police report (if the police did the report, as opposed to just being filed online). They may examine the car(s) and look at the intersection and then determine fault based on what is available.

Normally, they have about 30 days to complete this, but, it does go over this from time to time. State rules come into play on the timeframes and what happens when, and I can't speak to Texas specifically.

Give it time, but call at least every other day. Don't be obnoxious, but let the carrier know it needs to get resolved. Don't get rude, they will close the case and you won't like the outcome (shouldn't happen, but don't cause a problem), just ask for them to expedite, or refer to a supervisor, whatever it takes.

Dan
 
SOmetimes it helps for YOU to call the other party that caused the accident and explain the situation that he needs to cooperate or company will close claim for non-compliance.

At 18, he probably wouldn't be able to get a rental either.

If you cannot convince the other party to cooperate, you're pretty much at the mercy of the insurance carrier.

Good luck!
 
Reminds me of an accident I had years ago the other party was at fault but her insurance could not reach her had no clue....I remembered she mentioned where she worked and gave the carrier that info..Once they could no longer "not reach" then it became she saying I was speeding and I tracked down a witness. Be respectful but also be the sqeaky wheel.
 
I'm amazed at how many people blame an accident on the other person speeding. They have no idea how fast the other driver was driving, they just didn't see them, then they did, figure they had to be speeding.

Its a drivers responsibility to judge the speed of other traffic. If they are speeding, you should make adjustments for that.

The excuses people come up with sometimes make me chuckle.

Dan
 
Thank you for all your responses. Yes, we've been calling every two days or so. We've even called the other guy. He was cordial and even stated that he's called them multiple times but they haven't gotten back to him at a convienent time where he could make a statement. He has Infinity. I'm hoping for the best but really trying to prepare for the worst.
 
What does the police report state? Did you get a copy? if not, GET ONE. Was anybody cited (ticketed)? that helps too.

Is this your insurance carrier or the other guys?
Be prepared to file a complaint with your insurance commissioner's office. I don't know how Texas is but in WA the last thing a carrier wants is to explain themselves to the OIC about why they haven't acted on a claim.

It's been almost 6 weeks. I'd call one more time, remind them politely it's been 6 weeks and if they still stall file a complaint with the OIC and see if they can help. Again I have no idea if the OIC in Texas is any good. In my state, they'd be calling once they hung up the phone with ya.

Good luck.
 
We have not gotten a copy of it but one was definitely made. I will get on that as soon as possible. Infinity is the other driver's insurance. Thank you. I will really look into filing a complaint soon if nothing is done. Thank you for your response. You all have been a lot more helpful than both the adjusters we've spoken to.
 
If you didn't have full coverage, you have to do the chasing. If the vehile is not worth that much, trot down to the county court house, and sue the driver. He will have to give it papers to his insurance company. It may take a while to finally get paid. Don't wait.
 
If you didn't have full coverage, you have to do the chasing. If the vehile is not worth that much, trot down to the county court house, and sue the driver. He will have to give it papers to his insurance company. It may take a while to finally get paid. Don't wait.

I think you should complain to the OIC and if that doesn't yield action go to small claims court if you are within that type of loss threshold. Have you gotten an estimate on your car or if it is totalled do you know the value?
 
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