::sighs:: Chef, I REALLY hope you’re not insured with me . . .
Call your insurance company and let them worry about it. Really.
Did you get an estimate on the damage the first time around?
Actually, I was intrigued enough about this situation to “roundtable” it with a couple of other people in my office. Our general consensus is that you are entitled to have your car fixed, but you don’t walk away with extra cash here.
The second insurance company may be easier to deal with than the first was, and they are, IMHO, on the hook for fixing your car – they will want to coordinate with the first insurance company to get some contribution from it towards the total cost. But now you don’t have to hassle with the first company anymore, you can just deal with the second one and let it worry about the first.
Or ::she said, repeating herself yet again:: you can simply let your insurance company handle it and avoid the hassle of getting caught in between the other two. Still my recommendation.
I am an attorney for the Kentucky Department of Insurance. A few comments on this thread.
NanoByte: I don’t know about Chuck Quackenbush, but in this state the DOI is FAR from a tool of the insurance industry. Of course, you wouldn’t want to paint all insurance regulators (or physicians, or attorneys, etc) with the same brush, would you Ray? That would be prejudiced.
Melin: For the most part, I agree that a DOI would be unlikely to punish an insurer for not paying a cliam within 30 days. However, there are certainly circumstances where we would. An insurer is required to conduct a reasonable investigation and respond to claims within a reasonable time. Just because the company tell Chef Troy they can’t find their insured doesn’t mean it’s true. Perhaps they haven’t tried. Present company excluded, of course, but insurance companies have been known to (gasp!) lie on occasion.
On filing with your own company: This is probably the easiest way to get your car fixed quickly. However, there are a few drawbacks.
First, filing claims with your insurer can result in the nonrenewal of your policy or increased premiums.
Second, the two insurance contracts calculate what you can recover differently. Generally, first party coverage (i.e. your policy) will pay to repair or replace your vehicle. You get a rental car or other additional add ons if you’ve purchase additional coverage. The other guy’s insurance is “third pary coverage”. It covers whatever (within limits) he is liable to you for. Remember, your claim isn’t against the insurance company – it’s against the other driver. They have contracted with HIM to pay whatever HE owes. What does he owe you? The difference in value of your car before and after the accident.
Here’s the way I usually explain the difference between the two standards: Imagine you own a 1965 Mustang in perfect condition, all original parts. It’s wrecked and repaired. Is the car restored to its former value by the repairs? You’re also entitled to any other expenses you’ve reasonably had to incur as a result of the accident (e.g. rental cars).
I would recommend filing a written complaint with your state’s Department of Insurance. I would keep very careful records of all communications with the insurer, including a log of all oral conversations. As to filing a claim with your own insurer – it’s something to consider. However, you should be aware of all the implications of doing so.
Frank, I think you’re doing an injustice to the insurance company here by suggesting filing a written complaint with the DOI at this early date. Go back and read the OP – is it any wonder that the driver doesn’t want to talk to the carrier? I kind of resent the automatic implication that the insurance company is lying when you have nothing more to base that on then the fact that it’s been a month and they say they can’t locate the insured (particularly SafeCo, which at least in this neck of the woods does not have a reputation for stalling). Perhaps the better thing to do would be to talk to a supervisor before dragging the DOI in. And of course the best thing to do, still, is to call his own carrier.
You said:
That may be true in Kentucky, I don’t know, but it’s not true everywhere. In California, this sort of a claim, where the insured is not at fault, by law cannot affect your status as a “good driver” and thus either your premium or your renewability. Knowing how pro-insured Texas is, I wouldn’t be surprised if the law is the same there.
Thanks, Melin…that’s about what I figured. I might be able to double-dip this claim if I kept my mouth shut, but I am more fond of my karma than I am of money. Don’t worry. I’m not going to try to get more than I’m entitled to here.
Yes, I did get an estimate of the damages after the first accident. Should I forward a copy of that to the second insurance company? Or should I just (everyone together at the count of three) CALL MY OWN INSURANCE COMPANY?
As for the concern that filing with my own carrier might result in increased premiums or being dropped outright (which I admit has been weighing on my mind), back in 1991 I was insured with USAA. My wife was in two accidents within two months’ time, one her fault, one not. After the second one (the one that was the other driver’s fault), USAA dropped us and said that we were now a blight on their low-risk policyholder pool, even though it wasn’t her fault. Hence my reluctance to call Geico (my current insurer) – in addition to not wanting to raid my kid’s college fund for the deductible, of course.
I am beginning to agree that I should stay home for a while. grin I checked my car over and it doesn’t have any big targets painted on it… These two smackdowns are the first vehicular trouble I’ve had in a LONG time. Maybe my stars are in retrograde or something.
I am an ex-auto adjuster and now a risk manager, so let me add my $.02.
I would call the insurance adjuster at least 5 times a day if not more. Also send faxes. The more of his time you waste, the more likeley he is to get rid of your claim. But be polite if you are a jerk he could put your claim on ice.
Second, send a very strong letter to the CEO, CFO, Treasurer and risk manager of the driver’s company. When they start getting letters, they tend to get things done. If they find out that one of their drivers is running red lights, they will get an investigation going.
But the bottom line is that the carrier owes you no duty as you are not their insured. you have no contract with them. It is your responsibility to prove your claim.
And if you go through your carrier, they may not bother to recover your deductible. It is too small a claim.
Now, as for the second accident, the insurance carrier for that company, if they know about the prior damage, will deduct that damage from your settlement. So if you want the whole vehicle repaired, you will still have to go after the 1st driver.
One last tip. Even after your car is repaired and the rental car is paid, your car will still have lost some value because it was in an accident. When you sell it, you will have to disclose the accident and this will drive down the price. This is called “loss of value.” In order to make you whole, the responsible driver must pay you this amount. Ask for it. It may cover your deductible.
Chef - I have Geico. My family has had it since I can remember. And I would say to CALL THEM! Driving the Beltway to work, my dad had more accidents than anyone I knew. His car was totaled one night when a semi’s steering and brakes broke, pinning his Chevette against the jersey barrier for over a mile. And the truck’s insurance refused to pay, even though it was CLEARLY their fault. Geico was great about it. (Although, IIRC, we eventually did have to sue.)
As for being dropped. I went on Geico as soon as I got my license. Within a year, I had a car wreck with $4,000 worth of damage. My fault. Since then, I’ve also had a speeding ticket, and an accident where my Shadow was totaled that was not my fault. All this within…about 3 years. And Geico hasn’t dropped me. So, I would guess they would not drop you either.
Just some personal experience with the insurance company for ya…but I agree with Melin. Call your insurance carrier.
Winner, SDMB’s Biggest Chat Addict
“Only two things that’ll soothe my soul - cold beer and remote control.”
Drive on up to Denver and meet me at the corner of Colfax and Colorado Blvd. I guarantee I can get you nailed at while you are in a fully green light in about 5 minutes. Total the sucker and you drive home a shiny new vee-hickle.
This may be illegal. If so I didn’t say it, he did.(points to patient in waiting room)
