Other Driver Not Giving Statement... Options?

[txdriver]

I'm sorry, I just saw this. I hope it isn't too late to respond. We have not gotten an estimate on the car but it's most likely around $3000 at the most. The other driver has finally submitted a statement but is stalling on taking his car to be looked at. It's very frustrating at the moment. Thanks for your responses all.
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We decided that if by February they have no contacted us then we will file with the OIC. Until then, I guess it's another waiting game. She has not contacted us or gotten back to us in 2 weeks.

 

[b61mack]

Insurance companies can stall, all they have to do is say they are investigating. Your best way to get action is file a small claims suit. It will get their attention. What insurance company is it. The big one will deal, but some of the small ones will drag it on.

 

[txdriver]

The insurance company is Infinity. They keep claiming that they are investigating. It's been since November 30th and still no car. We're trying to be patient but it's wearing thin.

 

[b61mack]

Like I said file a lawsuit in small claims court. It will get their attention. Since you don't have full coverage you have to act for yourself. It will get them to settle, if the other driver doesn't show up, you will get a judgement and the insurance company will have to pay.

 

[djs]

Just a warning, filing a lawsuit ALWAYS slows things down. Yes, it gets attention, but it makes the claim go through the legal department, not just get processed.

This doesn't mean don't file the lawsuit, just realize it is not the way to speed things up.

In most areas, small claims court is about 6 months out.

Dan

 

[b61mack]

If he is getting the run around, like he said. Waiting is only going to frustrate them. I had a few accidents, not my fault, Gieco, was quick, so was progressive, and usaa, Rutgers a small nj insurance company stalled me, and they made me chase them in small claims court. It did not help me when i called their lawyer a little squirley wiesel. But after much, chasing they paid me only after they ran it as far as they could go. When you don't have full coverage, you are on your own,