Ok, so I was in a minor accident back in July. I was driving along and some kid in a truck crossed out in front of me in traffic, causing me to clip the back end of the truck, etc. It was entirely his fault, he had crossed over the right lane and jumped into the left. I had a witness there, and the police report reflected that it was the kid’s fault. The kid himself stood there and admitted fault to the cop.
I report it to my insurance company, and to his, and wait to see what happens. I sent them the police report and told them my side of the story, gave them the witness’s information, and I also sent them a copy of the estimate for $1500 for the damage to my car.
Now they are saying that they cannot get in touch with their insured and that they will not pay anything unless they can contact him (really, it’s his parent’s policy).
Like I said, this was back in July. The company has had plenty of time to get in touch with these people. I personally have their names and address right here on the police report. I can’t get the car fixed through my insurance company because I only carry liability.
If they don’t contact the insurance company I’m essentially screwed. I have considered sending them a letter that states they have X days until I file a claim with the small claims court.
Is this the right thing to do? I don’t think I’m going to get a dime out of his insurance company.
Shouldn’t you call your insurance company ? It ultimately falls to them to make this right and they probably deal with this sort of thing all the time.
Yep, already tried that twice. They have gotten the same answers I have.
I just talked to my dad and he said to call and tell them they have one week to get started on paying me or I will file suit. I just left them that message.
So now it really doesn’t matter if they respond to me or not. I will just get them in court.
Make one last call to the kid’s insurance copmpany. Ask them how long they intend to make you wait for their named insured to get around to contacting them? Delaying investigation of the claim in this way is unethical at best, and actually illegal in some states. Advise them that they have ONE WEEK to establish contact with their insured and get the investigation resolved or you will report them to the Indiana Insurance ommissioner’s office and sue their insured in small claims court for the damages.
Make good on this threat if they don’t come through. File the complaint and then sue their insured. I’ll bet money that once the kid gets his summons that you’ll hear from his insurance company within 48 hours. Kinda lights a fire under some people when they realize they’ve gotten away with nothing.
Upon preview it looks like your dad’s right on the money. But take that extra step of punishing the insurance company for misbehaving. It’s idiots like the ones you’re dealing with that give this industry a bad name.
(praying you’re not dealingwith the company I work for)
My secret words to the insurance company of the guy who hit me were ‘rental car’ but since it has been awhile, your car must be drivable where mine was not. Interestingly, I got a call last month from my insurance company that they had still not resolved the accident with his insurance company and my accident was in May '03. I had full coverage on my car, so my company paid my expenses less my deductable and his company paid me my deductable. I hope you aren’t dealing with West Bend Mutual.