THE OTHER DRIVER WON’T CALL THE INSURANCE COMPANY.
What do you do when the other driver just simply will not contact nor cooperate with the insurance company after a car accident?
It ‘s a frustrating situation.Ā I get calls all the time from clients who had a car wreck with someone and the at-fault driver basically goes into hiding.Ā A guy merges into your lane or rear-ends you.Ā You’re injured and need to get your car fixed.
In fact, I just recently concluded a case where the the at-fault driver stopped cooperating with his insurance company.Ā The case was a mess.Ā The insurance company refused to provide coverage.Ā I then had to file a suit against the other driver.Ā The case dragged on for four years through the Dallas trial courts and then up to the Dallas Courts of Appeals.Ā Luckily, we were able to settle with the insurance company.Ā But many others in this situation are not so lucky.
So what do you do in this situation?Ā You first have to know why the other driver’s cooperation is necessary.
What is the “Duty to Cooperate?”
Every insurance policy has a “duty to cooperate” clause.Ā This means that any person seeking coverage under the policy must cooperate with the company’s investigation and defense of the claim.Ā Failure to cooperate may be grounds for the insurance company to deny coverage.Ā But that doesn’t mean everybody does, in fact, cooperate with the insurance company.
Who Must Cooperate with the Insurance Company?
Let’s say you have a car accident in Texas and the other driver was at fault. You open a claim with the other driver’s insurance company and an adjuster is assigned. The adjuster needs to investigate the accident in order to determine whether their driver is at fault or not. Naturally, the adjuster may need to speak with their driver in order to get his version of the accident. However, the other driver is not returning the adjuster’s calls.
Now, you may ask yourself, “I’m seeking coverage under the policy and I am cooperating.Ā Why am I not being covered?”
Technically, you are not seeking coverage under the policy as far as Texas law is concerned.Ā This is one of the biggest myths of how liability insurance really works.
When you are claiming that someone else is at fault, then your claim is one of legal liability against that person.Ā Since the policy is designed to protect the person who may be liable to you, then your claim is actually against the other driver and their insurance company. The next section explains this concept in more detail….
Know Your Standing with the Insurance Company.
You are not the insured or covered person under the other driver’s policy.Ā The “insured” is the person actually covered under the policy.Ā This may include the person specifically named in the policy or otherwise falling under the definition of a “covered person.”
However, this definition does not include you!Ā Rather, you are an outside party making a claim on someone else’s policy. You are alleging that the other driver is legally liable to you for damages or injuries you sustained in the accident.Ā This is called a “liability claim” also known as a “third-party” claim.
What is a Liability or Third-Party Claim?
Many people think that the other driver’s insurance policy is there to protect them if the other driver is at fault.
When you make a claim on the other driver’s insurance policy, you are essentially asserting a legal claim against the other driver. Therefore, the other driver’s insurance company has a duty to protect their driver against your claim.
They can protect their driver in several ways:
- They can investigate your claim;
- If the adjuster feels like their driver is at fault, they can choose to settle with you;
- Or, they can reject your claim and retain legal counsel to defend the other driver if you file a lawsuit.
Either way, the insurance company’s focus is to protect their driver and not you.
Back to the “Duty to Cooperate.”
This leads us back to my initial discussion about the duty to cooperate.Ā Naturally, you as the injured person will cooperate with the insurance company since you are the one looking for compensation for your injuries.Ā However, that is not the cooperation that is relevant.
In order for the insurance company to protect their driver, they need their driver to cooperate in the investigation and defense of your claim.
Ironic, isn’t it?Ā You are injured in an accident that is the fault of someone else, and that person’s insurance company’s legal duty is to protect their driver against your claim.Ā This is true even though Texas law requires every vehicle on our roadways to carry liability insurance for the very purpose of protecting those who are injured in auto accident.
Like it or not, that’s the law in Texas.Ā So, if the the other driver will not cooperate with the insurance company, then the adjuster may not be able to properly investigate and handle the claim on the other driver’s behalf.
In the meantime, you are left hanging until their driver cooperates with the claims adjuster.
Where Does this Leave You After an Auto Accident?
If you are in this predicament, you have several options. You can make a claim on your insurance policy. This is probably the best way to deal with the situation because you are now dealing with an insurance company who is on your side.
Uninsured Motorist Coverage.
If you have uninsured motorist coverage, then you may be able to make a claim even though the other driver technically has insurance. This is because the other insurance company is not willing to tender their coverage because of the other driver’s non-cooperation. You should not have to wait on the other insurance company to move forward just because the other driver is hiding from the claim.
Collision Coverage.
If you had auto collision coverage, then your insurance company will pay to get your car fixed regardless of the other insurance coverage. However, this only covers your car. Any claims regarding your injuries have to be done through the uninsured motorist coverage.
File a Lawsuit Against the Other Driver.
If filing a claim on your insurance is not an option, then filing a lawsuit is the only option you have left. This is probably to least favorable option.
However, you cannot sue the insurance company directly. You have to sue the other driver. And, when you sue the other driver, the insurance company will hire an attorney to represent and defend the other driver against your lawsuit.
Many times, insurance companies abuse the “cooperation” clause. They will stall your claim even though it is not necessary to talk to the other driver.Ā Maybe there is a police report. Either way, you are at a disadvantage when dealing with the other driver’s insurance company by yourself.
That is why you should consult with an attorney who know how to spot the insurance company’s tricks and keep your options open.
Free Consultation
Before you make any hasty decision on how your case is going to be handled, you better first consult with Robert C. Slim, an experienced auto insurance attorney in Dallas.Ā If you have been injured in a car accident and are having problems with the other driver’s insurance company, Call 214-321-8225.
Use our online case information form for a free consultationĀ with Robert C. Slim.
Related Auto Insurance Articles:
Top 10 Myths of Auto Liability Insurance
Who do I Sue? The Driver or the Insurance Company? A Discussion about āDirect Actions.ā
What if you dont have their full names, insurance policy or license plate #? I only got her name and phone number and she mentioned she did not want to invlove insurance companies…
Then I would say you have a big problem. If you have no insurance information, then you have no way of reporting the claim yourself. You could try to report the claim with your insurance company. If you had full coverage, then your insurance will take care of your car and go after the other driver and her insurance for reimbursement. Your insurance company may have more luck in getting the other driver’s insurance information. If you did not have full coverage, then you are left with no option other than to file a lawsuit against her personally. Then, you might flush out her insurance information that way. For future reference, anytime you are involved in an auto accident, always get the name, address, telephone number, date of birth and driver’s license number of the driver, as well as the name and policy number of the insurance company. Do not count on the other driver cooperating with you for purposes of avoiding an insurance claim. Those situations always turn out bad.
i was recently in a accident where the other person opened their door while i was driving, and it broke my right side mirror. i got his license and number but when i call him he doesn’t answer and he doesn’t want to cooperate with the insurance. Is there anything i can do so he cooperates and gets us the money to fix my car?
Unfortunately, this is not an uncommon scenario. My only advice it to keep trying or make the claim with your insurance company to get your car repaired. If you have to pay a deductible, then your insurance company will go after the other driver and refund your deductible when they collect from him or his insurance. If the amount of your damages does not exceed your deductible, then you can either pay for the repairs yourself (or get two estimates) and sue the other driver in small claims court. That will probably flush out his insurance if he had it. If not, then you might end up with a judgment against him that you will have to collect on.
The third party insurance isn’t filing the claim until they have cooperation from their insured (who is at fault). She will not talk to her insurance about the accident, so they cannot make a decision of who is at fault. What if I have a police report from the scene of the accident detailing the accident and citing the other driver for “failure to yield to traffic”? Is that enough evidence to prove fault without an interview?
A driver has the contractual duty to cooperate with their insurance carrier in the investigation or defense of a claim. If their driver fails to cooperate, then the insurance company can deny coverage for the accident. It is not uncommon for the at-fault driver to go into hiding after an auto accident. However, it is the insurance company’s decision on whether to deny coverage or not. If you are dealing with the smaller, “low-rent” insurance companies, do not expect much cooperation from them even if the driver does cooperate. If you want, you can send them a copy of the police report, but I do not think that will do any good. In the meantime, do not give the other insurance company any recorded statement. They will try to get it from you, but do not do it!
If you had collision coverage and/or uninsured motorist on your insurance, my suggestion is to put the claim through your insurance company. They will get you back on the road and then go after the other driver and insurance company for reimbursement. They can bring more gusto than you can when dealing with the other driver or the insurance company. You will be out your deductible. However, when your insurance company collects, they will refund your deductible.
We were at a yield and the driver in front of me he yielded but I guess he was not an experienced driver because he did not a Texas DL so he was in fromt of me and I saw him going and I did not move from where I was all of a sudden I guess he got scared to see incoming traffic and he back up into my vehicle. I did. All his insurance company to file a claim under his insurance and they came back saying that I was the one who rear ended him and that it was his word vs my word so that is why they denied my claim, and all he had was a Mexican DL, I called the police and all the officer said was we had to exchange information and that’s what we did. So I went ahead and did a claim with my insurance and they’re already taking action to get my vehicle fixed. So what I’m wanting to know is if I can sue him for something. Please help!!
If you were not injured, then my recommendation is to just use your insurance to get your car fixed. Your insurance company will go after the other insurance company. If they are able to get any reimbursement for the damages they paid for your car, then they will refund your deductible. If your insurance company decides not to pursue any claim, then they should notify you that you are free to pursue the claim yourself. At that point, you can file a small claims case against the other driver.
I was n a accident where the insurance adjusters of the person that hit me agreed there client was at fault but the driver didn’t have coverage on that day…I don’t have UM or full coverage..so it almost like I lost out when it was clearly not my fault
I am very sorry to hear about your dilemma. You can still file a small claims case against the other driver. However, I sincerely doubt you will have any luck collecting money from him. At least you will have a judgment that you can legally hold against him.
Driving down the street behind a 18 wheeler when the rear axle broke causing the two back right tires to come off and rolled directly into my car.this was on the 18 of November 2017.i did injure my lower back but couldn’t go to the hospital because I didn’t have medical insurance.My car is damaged and my back is back bothering me.What should I do?
That may be a tough case. You would have to prove that the axle coming off the truck was due to the negligence of the truck driver or owner. If it was just a freak accident, then it would be difficult to get their insurance company to accept liability. You would need to hire an attorney that is experienced in handling trucking accidents that is willing to file a lawsuit.
I was hit and injured by a drunk driver. He blew a .27 at 9 in the morning. He is incarcerated. It was his motherās vehicle. Her insurance company is not accepting liability.
It is a felony Vehicular assault.
How can The insurance company not accept liability???? Itās a no-brainer case.
Can you please call me? I can be reached anytime at 214-321-8225. Itās better that we speak by telephone rather than exchange messages. If you happen to reach my voicemail, just leave a message and I will return your call.
My son was driving my car to school and someone hit him, that someone is not cooperating with their insurance carrier and claim is being denied.(Police report states their fault) I had full coverage on the car but my son was not on my policy, my insurance is denying the claim because my son lives with me half of the year. Am I just out of luck here?
It depends on the type of policy you had and the terms of the policy. If your son lived with you and you did not declare him on the policy, it might be a problem as between you and your insurance company. As for the other driver, you might be able to pursue that claim in small claims court. We probably need to discuss this further by telephone.
I was hit on the way to work on Dec 5, 2017. I was on a straight road, not speeding or anything. A driver from oncoming traffic swerved into my lane and hit me head on.
Police report says it’s his fault, but his insurance (a corporate insurance called National Interstate Insurance — he was driving a rental) isn’t returning my phone calls after I got a claim number — all I want at this point is a rental to get to work, but it’s been 2 weeks.
Am I SOL?
I only have liability, so my insurance (Progressive) said they can’t do anything to help me at all and recommended I get a lawyer. And my car was totaled.
Then call me and we can discuss your case in better detail. I can be reached at anytime at 214-321-8225.
Ok I have been trying to get paid for me and the people that was in the car a car hit me he got the tickets. But they are saying it’s his word he against mine it was he’s fault but he’s insurance pay for our car and the and the 500 hundred but they won’t pay us and I have a lawyer
My car wasnāt parked outside my house legally on the street when it was hit by a drunk driver forcing my car to rear end a truck that was parked in front of my car. My car has been absolutely totaled…it looks like an accordion now. The man driving the car was not on the insurance, but the car was insured. However the insurance company has been unable to contact the policy holder to confirm that the car was not stolen (the man said it was his sisterās car). Now Iām being told by the officer involved with the case that my car has to be towed within the next 24 hours even though an adjuster hasnāt come out to look at it. When I call the insurance company Iām told that the next step is to mail a certified letter to the policy holder….I need a rental car and an adjuster to come look at my car ASAP! I donāt have collision or rental coverage through my insurance. What should I do next?
Your best option is to contact your insurance company and set up a claim through them. If you had collision coverage, they will take care of your car and go after the other driver and/or their insurance.
In October 13th I was driving home on the highway when a Medical transportation vehicle made a left change immediately slamming his brakes not giving me the opportunity to make a full stop and avoiding him. The driver did not want to make a report since his back bumper was okay while my car was smashed front bumper was broken and dented the hood was slightly open exposing my engine and head lights were lower. I told him I didn’t care if he stayed or not I was making a report when the highway patrol showed up the other driver said I had been tail gating him for a while and changed lanes with him which was completely false. I was already on the far left lane his lane was stopped he put his turn signal only as he was coming into my lane and slammed his brakes anyway the highway patrol didn’t determine who was at fault although I had two witnesses in the car with me. The other driver was uncooperative with my insurance. I open a claim with his insurance who were a complete nightmare I didn’t hear back from them in months and when I did they told me that they can’t get a hold of the other driver anyway finally in December I got a call back saying that their driver was not at fault causing me to pay my deductible now my insurance is going to fight theirs. I was wondering if anyone has gone through something like this. This was my first accident and its been a nightmare, I assumed since the other driver wont cooperate then I win the case?
You did the right thing by reporting the claim to your insurance. You pay your premiums for situations just like this. Your insurance company is better equipped to prosecute your case and hold the responsible parties accountable for the accident. At the same time, if you had any injuries, be sure to consult with, and retain, an experienced personal injury attorney to represent you in that part of the case. Don’t try to handle it yourself. As you can see, it can be a nightmare.
I have a two questions that I’m hoping are quick and easy to answer.
My vehicle was struck by a driver while it was parked legally on the street in front of my house. The driver had to stop because his car was badly damaged. My vehicle was as well. Police issued him a ticket for reckless driving and the report does state he’s 100% at fault. The driver is not the owner or policy holder, his mother is. We both filed claims with her policy, however, the claim was denied and the specific reason was not included in my denial letter. I later learned it was denied because he is not the actual policy holder (the mother is.) And the insurance company states the son lived with the mom and that’s not covered. which they do not cover. First, do insurance companies have to provide the actual reason(s) why a claim was denied? I ask because the denial letter I received simply stated “The claim is denied”. I eventually was able to get a rep to share me the details with me but I had to go through several reps first.
Secondly, the mother ‘says’ she informed her insurance that the son was not living with her and instead he simply stayed overnight.
Lastly, do we have to file claim with our own insurance if the other driver is 100% at fault. Of course if the at-fault driver’s insurance denies the claim I have no choice.
Thank you !
File the claim with your insurance. You cannot count of the other insurance or protect you since it is not your policy. You will have to pay you deductible. But your insurance will then pursue the other driver and his policy for reimbursement. If they get reimbursed, your insurance company will refund your deductible.
I was involved in a four vehicle collision and was the third vehicle hit in the crash. The first car was found liable but it took two weeks and me calling them to find that out. They said that she has low property damage coverage to cover my vehicle repairs and the car behind me repairs. Since she did not have enough money they wanted us to both go through our own insurance. I refused to go through my insurance because we both have Geico, however the driver behind me went through her insurance. I had my car estimated and repaired at a Geico express shop under the liable drivers policy. After receiving my fixed vehicle Geico was still contacting me to see if I wanted to use my insurance policy so I made sure to check on the claim they had opened under my policy that I will not be using my insurance. After many letters, emails, and voicemails asking to use my policy even though I already denied, they went and used my collision coverage anyway today without my permission. The liable driver had $10,000 worth of property damage and my repairs were $5,100 and I’m not sure how much the driver behind me estimate was. What can I do to solve this situation? The whole claim was shady from the beginning with them not calling to tell me who was liable, me having to force them to have my car inspected for damages, and them opening a claim and using my policy without my permission when the other driver was 100% liable. It’s difficult because it’s Geico to Geico and I’m assuming they won’t sue themselves for the money.
This is not really a question about the driver not cooperating with his insurance company. This is more a question of coverage limits. In your particular situation, it seems like the other driver’s policy limits are not sufficient to cover your repair costs because of the other vehicles damaged in the accident. As such, your own policy should come in and help you. You were smart to have the coverage on your policy. Otherwise, you would be held holding the bag on the costs to repair you car. This is one of the main reasons you buy insurance: To protect yourself because you cannot count on the other driver’s policy protecting you. They are only responsible for protecting and defending their driver.
I was traveling far, far, away from my home state when a drowsy (and stupid) driver rear ended me at 80mph. My car was totaled and I was forced to spend $1,500 to fly home and ship all the belonging I had with me (I was moving cross country). I filed my initial claim through my insurance and got the money for the totaled car. BUT, I also filed a claim with the insurance of the person who hit me and clearly was at fault. Problem is that he is NOT responding to the insurance company’s messages and they now claim they are looking into a possible lack of coverage on his end. They keep telling me to wait, but I am anxious. This person did serious damage on my car and when I got the crash report, this insurance was listed. I read that 13-18% of drivers in that state are uninsured. Will I ever get justice in this situation? Will they just sweep it under the rug if there was a lapse in coverage? Will they ever even TELL ME what happened? Also if I hire an attorney is there ANY chance to reclaim my expenses I had just to GET HOME because of the damage this person caused?
*Also to note that I filed the claim on the other driver’s insurance to get back my $500 deductible.
As for your deductible, your insurance company will refund your deductible once they collect on their reimbursement claim from the other insurance company. Maybe the other insurance will pay you directly. But they normally deal with your insurance company and your deductible will flow back to you from your company.
As for your claim, I would check and see if you had uninsured motorist coverage on your insurance policy. If so, you can file a claim for any injuries under that coverage.
I am driving on my lane towards north ,Suddenly a car came towards my direction and hit towards my right side front wheel and car right corner side.
after the hit my car was dragged towards to snow and stopped blowing my driver air bag and the right side two airbags.
It was given at fault for the other driver.
I have put a claim to the other insurance company , It has been two since I dint hear anything, I need a car and they are not paying for my rental car also.Can you please help me what to do?
My suggestion would be to put the claim for the car and the rental through your insurance on either the collision coverage, rental coverage, or uninsured motorist coverage. Your insurance will take better care of you. Then they will go after the other insurance for reimbursement for what they paid as well as your deductible.
With all due respect, telling everyone who asks for advice on an at fault driver situation, to file on their own insurance is not helpful in the least. The whole point is to make the person at fault take responsibility. If we all just filed on our own insurance every time some inconsiderate person damaged our vehicles, we (the victims) would all be paying exorbitant insurance premiums, while the careless drivers run around with great rates. Sad truth is folks, insurance industry is a monumental scam industry. The whole premise is to “protect” people, but too often insurance companies use their infinite knowledge of loop holes and technicalities to never pay. And the insurance cartels have had laws put on the books that you have to carry it. Pretty sweet deal, for career criminals in three piece suits. All you can really do is file, wait..be disappointing, then sue…wait…and be disappointed.
Thank you for your most welcomed and critical input. Every accident has it’s own elements. Every accident victim is different. Every situation poses it’s own dilemmas. What any one accident victim chooses to do is based upon their particular set of circumstances. You buy insurance for one purpose – protection. When you are involved in an accident, you may need that protection. Filing on your insurance is but one option you can use to get your situation back on track rather than wait (sometimes to no end) on the other person’s insurance company to come to your aid. Or, you can file a lawsuit against the other driver, and we all know what that entails. Filing on your own insurance may be the best option for the given circumstances. Now, just because you file on the other person’s insurance does not mean your premium will go up. On the contrary, most insurance companies will not raise your premiums for a claim when you are not deemed at fault. Additionally, your insurance company will then be subroagted to your claim and will pursue the other driver and/or their insurance company for reimbursement. So, it’s not like they are getting away “scott-free.” It’s just the difference between you taking on the legal burdens of pursuing the other driver while your vehicle remains damaged and un-repaired. Or, using the protection and convenience of the insurance you pay for and letting them take on the burdens of the legal pursuit. Trust me when I say that your insurance company is far better able and equipped to pursue the other driver than you are. Again, thank you for your comment.
My daughter is on my Car insurace.
She just tuned in residential street heading to driveway of her work place. A driver parked wrong side of two way street in front of a home. As my daughter drives towards the driveway of her job this person drives out towards her giving no time to avoid hitting him, he runs into my car. Now my daughter did call police. Got a report. But other driver told his insurance not his fault. My daughter did call our insurance as well as his. Now we waited for call back so i can get my car fixed from his insurance. Well his insurance took his word and my insurance says ok. I was outraged how can someone parked on wrong side of street and pulls out infront of oncomming traffic and that person is not at fault. Now my insurance says that my car is total… More upsetting news. They are not even estimating enough money for me to get another good reliable car. Mine was not new had alot of miles but i took good care of my car up to date with everything, ran perfectly.
This is not really a question about someone not cooperating with their insurance company. It is more a question of the other driver having a different version of the events surrounding the accident. This happens a lot. Additionally, the other insurance company will probably side with their driver unless his story is completely unbelievable. If your daughter had an eye-witnesses, that can help. You didn’t mention if the police report is in your daughter’s favor or not. Either way, your best bet is to put the claim through your insurance and let them go after the other driver and his insurance for reimbursement. As for the claim involving your car, here is an article that discusses how to settle for the value of your car.
I have a police report, and a witness and the red light camera showing the other driver tan a red light. He has avoided the insurance company and they are saying if they can’t get a hold of their insured, they will try to deny my case. I need help.
It sounds like you are one of many victims of these unknown, small, low rent, unethical insurance companies that have been flourishing throughout Texas over the last 10 years or so. Unfortunately, the Texas Supreme Court and Legislature have made the legal grounds very fertile for these types of insurance companies to do business in Texas.
Until our Texas Supreme Court, legislature, and Department of Insurance take action to rid our state of these companies, and eradicate there on ethical practices, your only two options are to file the claim on your insurance policy or file a lawsuit against the other driver. I would recommend you file the claim on your insurance policy. They will handle your claim and then go after the other driver and their insurance company to take responsibility for the accident.
My son in a car accident where someone rear ended him. We only have liability on his car. The other parties insurance company says there insured is not being cooperative and if they don’t respond they will deny the claim. We have a copy of the other parties insurance card, the policy would not come out to the scene b/c of weather conditions that day but we did call, not sure if there were cameras at that location by trying to confirm and there were two individuals riding with my son in which the insurance company have not taken there statements b/c per there words exactly since they were in the vehicle they are not considered witnesses. What can I do? Is this Bad Faith since they really haven’t completed a proper investigation?
It’s not “bad faith” under Texas law because you are dealing with the other person’s insurance and not your own. But, it is “bad luck.” It sounds like the other driver had one of those low-price, low-quality insurance companies that have flourished in Texas over the past ten years or so. Unfortunately, Texas judges and law-makers have made the law so favorable for insurance companies to get away with this kind of conduct. Your only option would be to file a lawsuit against the other driver in small claims court. I would also recommend that you file a complaint with the Texas Department of Insurance so that they can make a record. If enough people complain, then maybe someone in Austin will do something to make these insurance companies act properly.
I was in an accident last week. I reported with my insurance and she reported hers. The following day I got calls and gave my statement (recorded). The police report sides with me… I had the right of way and she failed to yield at the stop sign.
Now the other driver is avoiding her insurance and hasnāt given her statement. Her insurance told me they ordered the police report, but that could take time. At the scene of the accident we swapped information and I have her phone number… should I try to get in touch with her? Or wait for insurance to sort it out as she drags her feet? I tried to obtain a copy of the police report but it has not been made available for me to purchase yet, (it could take another 5-9 days. I just want to get this settled and go about it the right way…
You can get the police report yourself and send it to the adjuster. But, you may want to consider going through your insurance. You will get your car back on the road quicker instead on waiting for the other driver’s insurance to drag their feet. Then, your insurance will go after them for reimbursement. Let your insurance worry about all this. They are the professionals and that is why you buy insurance.
I hit a car while backing in the parking lot drive way. The other car was trying to exit the parking. We did not call police but exchanged our information on insurance and took pictures. His car was dented on passanger side and side mirror completely fell off. I was at fault.I am not the owner or the policy holder. My nephew is the policy holder. Now the insurance denied the claim. What should i do next?
Minnesota driver
I am not completely sure which insurance you are talking about. If the insurance company that covered your car denied the claim of the other vehicle, then it might be because your insurance company did not believe your were at fault. On the other hand, if the other driver’s insurance company denied your claim, then it probably means they don’t believe the accident was their driver’s fault. So, I cannot give you advice because I do not know which insurance company denied the claim and why. Your best bet is to call me to discuss the matter further.
I was in an accident where someone backing out of a spot in a parking lot hit my car. It was my first accident and I was on my way to an exam, so I just made sure neither of us were hurt, took pictures of the incident (including license plate number), and we exchanged phone numbers. We did not contact the police, and I didn’t know to get his insurance information on the scene. I got my damage appraised, and I sent him a photo of my license and my insurance policy. He was screening my attempts to contact him for a while, and when he finally responded, he was very aggressive and refused to give me his insurance information. There was a language barrier, and somehow he assumed that I didn’t have insurance and he claimed to “let me go” even though he was at fault. I have since made a claim with my insurance company, but they have been unable to reach the other driver. Is there anything I can do to get my car fixed? He caused a lot of damage.
You did the right thing going through your insurance. They will get your car fixed and then go after the other driver to get reimbursement for the damages plus your deductible. Additionally, it is not necessary for your insurance company to get the other driver to cooperate. The ā duty to cooperateā only extends between the insurance company and their own policy holder. Although your insurance company may try to reach him, it is not required that he cooperate with your insurance company in order for your insurance to pay your claim.
My daughter was involved in a hit and run and before he took off she got a picture of the lic plate. PD gave me his info once they filed the police report and we have everything sorted know he had insurance on that day. Now all we are waiting for is for him to cooperate and respond back to his insurance company which he is not. I would file a claim with my insurance company, but that vehicle only has liability only. Taking it to small claims court would be a waste of time I’m sure. What do I do now in this situation?
Thanks
Your only option would be to file a lawsuit against him. Unfortunately, when you do, his insurance company will hire an attorney to defend him. Small claims court would probably be your best bet since there are no real formal rules of procedure or evidence that you have to follow.
My roommate was driving my car (he is listed as a driver on my insurance) and he was hit by someone turning left while he was driving in the right lane. The police ticketed the other driver.
My insurance(Esurance) got a hold of the other driver, but his insurance (Progressive) says he has not talked with them. As far as the car, I proceeded to get my insurance company to attempt to get the car repaired, but since I didn’t have rental on my policy I have been hearing that the other insurance company might not cover my rental. Should I pursue progressive or the other driver?
How do you know the other driver is not cooperating with Progressive? He talked to your insurance company…. Anyway, you cannot count on the other driver’s insurance company to protect you. If Progressive does not come forward on your claim, then any expenses that you have may be pursued against the other driver in small claims court.
I was hit on my passenger door and back door when entering parking lot driver at fault was backing out of parking space and did not see me, we did not call police but did exchange information, I did the claim on her insurance (Bristol West Insurance) and now it’s been a week and her insurance have not gotten of hold of her to hear her side of the story so what can I do if they don’t get ahold of her??
Your best bet is to file the claim on your insurance. They will repair your car and get you back on the road. They will then pursue the other driver and/or the insurance company for reimbursement. If they are successful in getting reimbursement, your insurance company will refund your deductible.
My car was hit at my work parking lot a couple of days ago. My coworker witnessed it but was only able to get a color and description of the car since it left in a hurry. A pedestrian got a license plate number and gave it to me and informed me about my car. I called the cops, filed a police report given the information I had and called my insurance. The other person, who’s name is attached to the plate, is claiming he wasn’t at the location at that time. My adjuster told me I have to wait for the other person to prove it wasn’t him if I want to go through their insurance. I can’t use my UM insurance until it’s decided the other person isn’t cooperating until given date, according to NC laws. How long will this take? My adjuster told me a month but I want my car to be fixed sooner until the bumper gets worst. Should I just go through my own insurance and wait. I’m concerned because what if I was given the wrong license plate number and it turns out not to be the guy? And how do they prove it wasn’t him, isn’t it possible that he can get his car fixed in the time span of a month?
Unfortunately, I am not familiar with NC law. But, their interpretation of your UM coverage doesn’t sound correct. If the other insurance company is not tendering coverage (or otherwise dragging their feet), then your UM should come into play. Did you have collision coverage? If so, file your claim under the collision coverage and get your car fixed. That coverage applies regardless of fault or coverage of the other driver. Then, your insurance company will go after the others for reimbursement and refund your deductible once they get any recovery.
Our grandson was hit on the front passenger side by another driver who was coming from the opposite direction. Clearly the other drivers fault, but they haven’t called the insurance company yet. When our son called the insurance co he was told they have to try 8 times to get in touch with them and if not it will go on his insurance. Now how is this fair? Wouldn’t his insurance go up even if it wasn’t his fault? The other guy is on parole and more than likely doesn’t even have a driver’s license.
You cannot rely on the insurance company to protect you. You are not their policy holder. The other driver is. At the same time, that is why you buy insurance for yourself: for protection And convenience when you need it. My advice is to file the claim on your insurance. Your insurance company will then go after the other driver and his insurance company for reimbursement. If they are successful in getting any reimbursement, they will refund your deductible. Itās better to let the insurance companies fight it out. This is what they do on a regular basis.
The driver who hit my car in a private parking lot (no police report due to private property), admitted fault when he hit me. He immediately called his insurance to tell them if was his fault that he hit me. This was told to me by his insurance when I called them 30 minutes later. Now the insurance says his admission was not going to determine liability because he did not tell the adjuster directly, only the claim center. It was a recorded call though. Three weeks later and the insured will not call their insurance company back. It looks like I will have to file on my own insurance. Can I sue the other driver for my deductible? Will his original phone call not be an admission of liability?
Thanks you.
It sounds like this is one of the lesser known insurance companies. You did he right thing going through your insurance. They will pursue reimbursement for the claim, including your deductible from them later.
I just purchased a car on last week and on Monday some lady merged right into me. We exchanged information. My car is in the shop. I have contacted my insurance company to file a claim. They are having a hard time reaching her. She and i both agree that she was at fault as she may have put her blinker on but she didn’t check her blind spot and that is where i was at. My question is, if my insurance company can’t get her statement, how am i supposed to get reimbursed for my deductible?
Once you insurance company pays for the repairs, they will go after the other driver and her insurance company for reimbursement. When they collect, your insurance will refund your deductible. Your insurance deals with these situations all the time. They will know how to handle it, even if they have to sue the other driver.
My mom recently got into a car accident in where she didnāt have a stop sign at a 4way intersection but the other two sides did. Soo she was coming straight when out of no where someone came out of the right side (passenger side) without stopping and sped up when he saw her. Therefore, my mom didnāt get time to stop so she hit his car on the back quarter panel And bumper on the left side. He isnāt cooperating with our insurance and when he does talk to them he keeps saying that itās 100% my moms fault and that he did stop. Also! His insurance isnāt cooperating either and isnāt answer our insuranceās phone calls. What can we do ?
If she was injured in the accident, she should call me right away. Do not discuss the case with the other insurance company until we talk. Also, was there a police report and/or witnesses?
I have a BMW that needs a minor repair and is not being driven and parked in my driveway. The car is not old has only 65,000 miles on it and is a valuable car. My roommate has hit it repeatedly and has knocked the front bumper completely off and cracked the bumper and it has to be replaced. I have photo documentation of her car parked and ran all the way into my bmw. She refuses to acknowledge her liability and will not provide me her insurance info. What can I do? I do not currently have insurance on the BMW because it is not being driven and it’s parked in my driveway.
If she will not give the insurance information voluntarily, then you have no choice but to sue her in small claims court and ask the judge to make her release the information. Otherwise, proceed with a final court hearing and get a judgment against her.
I had stopped at a traffice light in Edison township, NJ when a girl bumped into me from behind. I suspect she stopped her car behind mine and was looking at her cell phone and she rolled on to bump into me.
My car has some scratches and couple of pieces torn from the back bumper and I took the photos of the scene, the copy of the drivers license of the girl, her insurance policy. She was young and reminded me of my daughter who is of that age and she was scared and repeatedly kept saying sorry and her brakes did not work. I felt bad and did not call the police as it was a small damage and did not want to scare her by calling the police.
I filed a claim the next day with her insurance Progressive and they said they were unable to contact the girl and get her side of the story. I have uploaded all the photos of the accident, including her license plate, the damage on my car, her policy details to the Insurance Claim site. They have an adjustor assigned to the case. As the girl was not responding, the Insurance adjustor said they will send her a certified mail and wait for 15 days. If she does not respond, then she is automatically at fault.
Now it had been over 15 days and I am calling and email the Adjustor but nor response. What are my options?
Thanks
Andy
I am a car accident attorney in Dallas, Texas. You would have to contact a car accident attorney in your state. But, under Texas law, you would have two options. First, you can file under your insurance and get your car fixed, Your insurance will then pursue the other driver and her insurance for reimbursement of the cost of repairs as well as your deductible. Once they recover, your insurance will refund your deductible. The second option would be to file a lawsuit against the other driver in small claims court for the cost of repairs. Nevertheless, your rights may be quite different under the laws of your state.
I was hit by another vehicle and after checking on the other driver, I called the police and state patrol came out and took photos and measurements and cited the other driver for failure to yield. They gave me a police report # and I submitted that information to my insurance and the other driver’s insurance. The other driver is ignoring calls from their insurance company. I keep getting told by their insurance company that they need to talk to the driver before they can start anything. Since there’s a police report showing she was in the wrong and she was cited for it, does their insurance company really need to hear their side of the story since they’re not responding?
Yes and No. Every insurance policy has a “cooperation clause.” It states that the insured must cooperate with the insurance company’s efforts to investigate the car accident claim. Otherwise, coverage may be waived. Although the police report is helpful, it is not a conclusive as to how the accident happened. Many insurance companies will make an effort to reach their driver in order to get their side of the story. If the other driver will not cooperate, then the company will most likely make a determination based on the best available information. However, there are insurance companies that use the “cooperation clause” as a means to either delay or deny the claim altogether. These tend to be your smaller, “low-rent”, “bottom-shelf” insurance companies. If you are faced with this dilemma, then your best bet is to contact your insurance company and set up an uninsured motorist claim. They might intervene and get the other insurance company move along on your claim. Otherwise, your insurance will take over the claim and go after the other insurance company and their driver at a later time for reimbursement.
I was offered a $10,000 settlement from the other drivers insurance company. I rejected it because that just covered the two months I missed work. I had 2 months physical therapy, 3 personal doctor visits. My medical bills totaled $4800. The insurance adjuster went up to $10,050, then $10, 500, and now says she can only go to $10, 986. This has all be happening via email communication, so no official letters and no official final offer. However the last we communicated was 3 weeks ago, when she advised if I change my mind to contact her. How can I get her to resume talks without it seeing as if I have given up? I feel they are at least $2000-$3000 off from what I would accept.
This really isn’t a question about the other driver not cooperating with his insurance company. If that were the case, the insurance company would not have made you an offer. This is really a question about the settlement value of a personal injury case. Have you submitted all the medical bills and proof of your lost wages? Including the physical therapy?
I was in the left turn only lane. I was in full stop. I made the turn on green arrow light. The other car hit me from the right lane. There was other two cars next to her. Those car did not touch me but, the other car hit me with big impact so that i was pushed away by two lanes. What can be done? I think she did not see the red light and crossed it.
I recommend you call me to discuss your car accident. It is very difficult to properly advise you on your options through messaging.
I was in a roundabout circle getting ready to exit then another vehicle failed to yield at the roundabout and collided with my vehicle. The other driver is an uninsured motorist but the vehicle he was driving was not his but the vehicle itās is insured in someone else name. I filed a claim and I am trying to get my car repaired though their insurance but the insurance company has been telling for the last month that they are unable to get ahold of the driver. The driver also mentioned that he was at fault and I let the other drivers insurance know. What steps should I take to get this problem resolved. And if the insurance company is unable to get ahold of the driver can they move forward with the claim.
This is very common in car accidents especially when the other driver is not on the policy. My suggestion would be to file a claim on your insurance. They will fix you car and then go after the responsible parties for reimbursement. Once they recover from the other driver or their insurance company, they will refund your deductible.
So as the victim of someone else’s negligence, you file the accident claim on YOUR insurance and get your vehicle fixed, doesn’t that cause YOUR insurance company to RAISE your premiums? That makes you a victim unfairly being penalized from someone’s negligence!
The purpose of you having insurance is for protection and convenience. There is no time you need those things more than after a car accident. You cannot rely on the other driver’s insurance to provide you the same service you are going to get from your own insurance. Your rates should not go up if the accident is not deemed your fault. In fact, once your insurance processes your claim, they will then go after the other driver and insurance for reimbursement of the claim amount as well as your deductible.
Does it change anything if the insured that hit you received a ticket and there is a police report indicating they are at fault?
I don’t know what you mean by “change anything.” Those factors are really good points to support your injury case. If the police report is in your favor, then that is evidence against the other person.
My son was involved in an accident that occurred in private property, and our police department does not issue incident reports, but we did receive the other driver’s’ information. There is only liability coverage on the vehicle, but it does include uninsured motorist coverage. Coincidently, she has the same exact insurance company!! The driver is not cooperating with the investigation, and an adjuster informed me that if they fail to speak with her, then they will reject our claim.
Because I have the same exact insurance company, what are my options?
There is no way for me to give you any meaningful advice until I get more details about the accident and injuries involved. I recommend you call me to discuss this matter further.
My Car was Hit while in a parking space, It has been 5 days and I am still waiting on the other insurance, I also want to claim loss of use because the bumper is hanging from the date of the accident as I have a large car note and diminished value, because my car was in mint condition and only had 8020 miles on it. What are my chances?
If there is not a lot of damage, then a diminished value claim probably wouldn’t be worth pursuing. But, like in every car accident or personal injury case, you cannot rely on the other person’s insurance company to protect you or do what is in your best interest. If you want that kind of service, you really should go through your insurance to get your car repaired. It will be more convenient and you will get better, prompt service. Then, your insurance will go after the other folks for reimbursement of the damages they paid as well as your deductible.
I was rear ended by an insured driver and got his insurance info at the scene. Now he is refusing to respond to his insurance company. If I file a claim on my own policy can I still collect from his insurance if he ever decides to comply and/or sue the other driver if he does not?
Thank you for your comment. If you file a claim on your insurance for the damages to your car, there probably is no need for you to go after the other driver. Your insurance company will do that for you. Then, after the collect, they will reimburse your deductible. As for any claim you may have for personal injuries, I would recommend that you contact me or any other personal injury attorney to handle those claims for you.
I was rear ended and got his insurance info at the scene. Took a picture of his insurance policy which stated 10/2017 to 10/2018. I called his insurance to make a claim and today I got a phone call saying the “insured” didn’t actually have any coverage at the time. Of course I questioned this and at the end they said it’s best to call my insurance to get the car fixed. Since the damage is not substantial, my deductible will be higher than the cost to repair. Should I take the guy to small claims?
It sounds like you have to sue the other guy for the car accident in small claims court.
I backed up into a vehicle parked illegally on a residential street. There was no damage to my vehicle and the owner of the other car did not want to exchange driver license or insurance information. I then offered my information only and he said there was no need there was no real damage (scratch) and it was not needed. I still offered my number for anything needed. I didnt get a call until days later and now he had a quote and asked if I wanted to contribute etc and it would be cash only. He went to say how going through the insurance was not worh it heās always had bad experiences when his been hit before and itās so much more expensive so the best way is to settle this outside of the insurance. His vehicle did have prior damage on the same side I backed into it. I offered to pay 1/2 of his quote but then he changed his mind and wanted the full quote which i didnāt agree because I wasnāt not going to pay for a quote that included his prior damage. I asked him for pictures of the damage and said if Iām liable for that amount I will go through my insurance. Never mentioned involving his insurance. I have full coverage and my deductible is less than what heās asking. He didnāt like this idea and threatened that he would just contact his insurance give them my license plate and and have them come after me. I told him I had no issue with him involving his insurance, he could go through his insurance and I would go through mine and let them settle the liability. I took pictures of his vehicle illegally parked but they didnāt capture the damage as it was only scratch. What should my next step be, do I call my insurance or wait for his insurance to file a claim. I donāt want to call him back to give him my information since he was so upset. All he has is my phone number and all I have is his phone number and pictures of his vehicle. We did not even exchange names.
You are on the right track. Stop talking to him. It sounds like he is playing games. If he refers this matter to his insurance, then they will contact you. You can then just give them your insurance information and they will take care of it from there. Or, you can be proactive and get your insurance involved now, and they will handle it. If you happen to get served with court papers, make sure you notify your insurance company so that they can provide you with an attorney and a legal defense to the suit. There is one thing you said in your comment that needs clarifying. Your deductible does not apply when someone is making a liability claim against you. The deductible only applies when you are making a claim on your own insurance for your own benefit.
I was parked in a friends driveway. Their was a car inside the driveway, when she backed up, she hit my car. A Police Report was not filled, but she did provide an insurance card, which the insured is her boyfriend. (That what she said.) I called the policy owners Insurance, they tried to help, but this accident took place at the beginning of June and they have tried to call the Policy Holder and the driver, and they do not pick up or answer smessages and mail. Today, I contacted the Insurance, I made a three way call with the driver, and she hanged up and blocked our calls. The Insurance stated that they will deny the claim, for lack of communication. They told me to call my Insurance, file a claim, have The company fix my damages aNd they will go aFter these two people, and if they canāt cintact them, then they will take them to court. Is this the way it works? BTW, later I found out that the driver has no license, because she is a felon. Ugh!
Yes. I agree that you need to put the claim through your insurance. They will go after the other driver and the insurance company. Once your insurance gets reimbursed, they will refund your deductible.
Was recently informed in an auto accident. I was traveling South bound on a 1 lane street ( parking lane on right hand side ) I was hit on the passenger side by a Woman who had pulled off from the parking lane and was attempting a u-turn. Speed limit
was 30 mph. Which I was doing. The witness gave a statement to the officers and corroborated my statement. The officers issued the other driver a ticket for failure to yield while making a left hand turn. She vehemently denies fault and GEICO refuses to accept fault!
What happens now?
You need to call me to discuss your case. I assume you meant to say you were āinjured in an auto accident.ā I can be reached at 214-321-8225. In the meantime, stop taking to the insurance company. They are not going to take you seriously without a lawyer. By the way, did the police make an accident report?
I recently got into a car wreck that wasn’t my fault. the lady pulled out infront of me and I hit her side. I made a claim and already talked to both insurance company. got a rental car but now im stuck.. I have to turn in my rental car today which leaves me without a car since they picked my car up to look at the damages. They called me and told me the amount of money I will receive in check form… well now I can’t get in touch with the insurance company to ask them when I will receive my check or what the status on my check even is. “NO ONE” has an answer and they’re throwing me in a loop. The numbers I have been giving all go straight to voicemails or get ignored. I’m at a loss here because without a car I can’t go to work !
I got in a wreck recently where a guy backed into me in a gas station. I got all his information and filed a claim with his insurance and now they are saying they can’t get ahold of him and there’s nothing they can do. I’ve tried calling him myself and no answer! I don’t know what to do I’ve never been in a situation like this before.
Depending on what your deductible is, I would file a claim on your collision or uninsured motorist coverage. If your deductible is higher than the damages, or you didn’t have the coverage, then you may have to file a lawsuit in small claims court.
2 weeks ago,a non licensed driver,in a commercial vehicle ran right into the back of me,tore my car up,he called his dad,who was the insured,we did a police report, and his insurance company won’t do anything until they here from him,he hasn’t reported the accident nor returned any calls,.2 weeks and my car is sitting.
Were you injured? There is more to discuss about your case than can be handled through messaging. Call me and we can go over all the facts and see what your best options are?
I was in an accident where the other driver rear ended me. I filed a claim with her insurance (Encompass). It has been a month now and they keep telling me that they can’t get in touch with her.
My question is, are they just stalling the claim in hopes that I drop it?
Do they legally have to get a statement from her if the police report indicates she hit me from behind? I sent them the police report that states this.
If she doesn’t cooperate or call them back ( which I think is a lie), can they proceed with the claim without talking to her? I would think there would be a time frame that the insured would need to respond.
Thank you for your advice! I am located in NYS, so I don’t know if the laws are different.
If you were dealing with one of the bigger, more well-know insurance companies, then they might handle your claim based upon the police report. But these smaller companies are quick to use this as an excuse to avoid the claim. My recommendation is to put the claim through your own collision or uninsured motorist coverage. Then, your insurance company will go after them for reimbursement of the claim amount and your deductible.
I recently backed up into a car that was behind me in a parking lot. It appeared it was my fault at first as I was in a parking spot and he was in the traffic lane. However, the lot had diagonal parking and he was facing against the one-way. There was no damage to my car and his received a small dent. We exchanged info but I forgot to take pictures. His insurance is now contacting me. What do I do?
I suggest you report the matter to your insurance company. They will take care of the claim and deal with the other carrier. Also, if you end up getting sued, your insurance will provide with an attorney and legal defense.
One car rear-ended my car when I was stopped at the red light. Everyone got out safe from the crash but both cars were not driveable and I had to take my wife to the emergency as she is 25 weeks pregnant and we have to check if the baby is doing good. The police and the other driver admitted that I have no fault in that collision. My insurance is Geico and the other one is Ameriprise. Now I have called Ameriprise adjuster for the claim she is saying that we are not accepting the liability as we are not able to reach in the insurer. My car is in tow yeard and there will be a huge medical bill for all the emergency procedure. I can file my claim through Geico but that will only cover the car. If they don’t accept the liability for the accident then the medical bill will come to my health insurance and I have to pay the deductible and more from my pocket. Why I need to pay for something whare I have no fault. Do I need a lawyer?
This is a common scenario. Yes, I do suggest that you contact a lawyer. I will be more than happy to discuss your case with you. As a matter of fact, since your wife is the potential client, I recommended she initiate the call. I can be reached at 214-321-8225, at anytime. If you get my voicemail, just leave a message Iāll return your call.
Hi my car was parked in my apartment complex and when i woke up in the morning to go to work I saw that my car was smashed in the front because I had reveres parked. It was a hit and run, someone had just reversed into my car and left. Fortunately their license plate fell off in the process and I filed a police report and they found who it was. I filed a claim with her insurance company but it’s been 2 weeks and they’re saying they can’t get in contact with her to confirm liability. my car is smashed I can’t even drive it. What do I do if they can’t confirm liability with her? It was just my car, she hit 3 cars. I have a police report and it was obviously her fault. It was a hit and run. I don’t wanna go through my insurance because I have a $500 deductible and I don’t think I should be paying anything since it was not my fault. I was sleeping at home and my car was parking where it should be.
You have two options: You can wait and see what the other insurance company does, but that could take some time. You have to understand that the other driver’s insurance is not like your insurance. They do no owe you any legal duties or obligations like your own insurance company does. Or, you can file the claim with your insurance, get your car repaired and back on the road. You will have to pay your deductible. But your insurance company will go after the other driver and his insurance for reimbursement. If they get any reimbursement, your insurance will refund your deductible. If you have uninsured motorist coverage, you can file the claim under that coverage since it was a “hit and run.” There might be a lower deductible for uninsured motorist coverage.
My daughter was side swiped causing her to hit another vehicle the lady that hit her insurance wont cover either vehicle cause her daughter was driving and is not on there policy
Depending on what kind of policy it is, then there may be no coverage. Your best bet is to refer the matter to your own insurance company so that they can cover your vehicle under either your collision or uninsured motorist coverage. At the same time, if your daughter was injured in the accident, I would be more than happy to consult with you about that issue also.
Another driver backed into my car in a parking lot. She admitted fault and called her insurance company right then and there, with me standing next to her, to open a claim. We both gave statements to her insurance company.
The next week they called me to again give an additional recorded statement. Now 2 weeks later her insurance company is saying they can’t get in touch with the driver and may deny the claim. But they already spoke to her the day of the accident and she admitted fault. This seems like an excuse. What do you think?
You basically have two options. First, you can refer the claim to your own insurance company to repair your car under your collision coverage or uninsured motorist coverage. You will have to pay your deductible. But your deductible will be refunded to you once your insurance company goes after the other driver/insurance company for reimbursement.
Second, you can file a suit in small claims court against the other driver for the repair costs of your car. I don’t recommend this option because, once you file the suit, the other insurance company will hire an attorney to defend the driver. That attorney will just bully you around.
We live in Kansas. My son was rear ended and a police report was filed with the other driver admitting fault. My son was not injured. She produced proof of insurance in her motherās name. After talking to her insurance (AAA) I learned the daughter (17yr old driver) is not on the policy and the mother will not return their calls for a statement. They are denying the claim until the mother states she is her daughter (they share same last name and address) and she had permission to drive the car. They have mailed her a 10-day letter with, still, no response. Our car is totaled, valued at about $6k and we only had liability so my insurance will do nothing. What are my options? If I sue do I sue her insurance or her? Can I sue for uninsured motorist then as well? It would seem that it would be cheaper for AAA to settle than drag out a $6k claim. Kansas has a small claims court maximum of $4k so that will not be an option for me either.
It’s hard for me to give you any meaningful advice because this matter is governed under Kansas law. If you had uninsured motorist coverage, then I suggest you do that. If you have a deductible, then it should be refunded to you once your insurance company gets reimbursed.
Robert,
I was hit by a truck on 635 in Dallas. The Truck was at fault moving into my lane with no blinkers. Hit my car in the drivers side. We stopped, took pictures and traded documents. Police said they wont show up anymore unless someone is injured (not the case here). So no police report. Problem is there were 3 people in the Truck and none of them are legal or have any documents on them. They had the insurance card, that matched the truck. I filed a claim with the insured insurance company and they are telling me they are investigating because the policy holder 1) doesn’t know who the driver is and 2) claims he didn’t know he even had a policy. Neither the Insured or the Named Driver in the insurance card was in the car. I have a recorded audio from one of the 3 guys in the truck admitting to me that they made a mistake and it was their fault. THis is a small insurance company (Empower). Does it really matter if the insured knew who the driver was? It was his insurance and truck that caused the accident.
I now contacted my insurance company and they are starting their review, But where do I go from here if the other insurance company keeps giving me the run around and deny their client was at fault?
The other insurance company needs to know who the driver was so that they can investigate the accident. If they are not given the opportunity to investigate due to their insured not cooperating, then they can deny coverage for the accident. They might also able to deny coverage if it turns out that the driver was not permitted to drive the truck. (On another note, I wouldn’t expect an insurance company like Empower to do much even if everyone cooperated and there was coverage). Therefore, I suggest you file the claim under your own collision or uninsured motorist coverage. They will get your car fixed and then go after the others for reimbursement of the repair costs and your deductible. Your insurance company has more resources at its disposal to handle this matter better than you can.
Hello, we were recently in a car accident where it was the others personsā fault. He was a teenager and was a non-license driver. He totaled our car and now we donāt have a vehicle, because that was the only one we had. It even says it on the police report that he admitted he didnāt check his right side (were we were coming from) and hit us on the side. We opened a claim number through his insurance and now it has been over two weeks and the are going to reject it because they havenāt gotten ahold of their insurer. What would you recommend us doing?
If you were injured in the car accident, then I would recommend that you contact me to discuss your case further. If there were no injuries involved, then my advice is to file the claim to your collision or uninsured motorist coverage to get your car fixed. Your insurance company will then pursue the other driver and his insurance company for reimbursement. Once your insurance company gets reimbursed, they will refund your deductible.
Hello robert. On july 4th of this year i was hit on i35 by a vehicle loosing control. I was on my motorcycle. I sustained injuries and was sent to the er. A couple weeks go by andi get a hold of the police report.. I made a claim under their insurance. The adjuster is telling me she cant get ahold of their insured. And is telling me she cant go on with the claim even with the police report saying it was their fault.
Sometimes getting a lawyer involved makes all the difference in the world. Whenever you deal with a claims adjuster while you are unrepresented, itās like bringing a knife to a gun fight. I would like to talk to you further about your case. Give me a call. I can be reached anytime, days, evenings, and weekends.
Hi Rob,
11 days ago I was hit in the tail by a woman would thought it would be a good idea to back up out of her toll lane and cross over to my path. She clipped me in the back right as I was passing through. She was from the UK and seemingly taking her rental car from Hertz back to the airport and flying home. Her husband came out of the vehicle and escalated the incident by attesting that it was a no fault accident because of some nonsense that was occurring in her lane, which explains why she backed up in the first place. I had to school them on the fact that it was 100% their fault, called the police and filed a report. Now 11 days later I’m hearing from the adjuster assigned that no report was ever filed from the driver and he showed me a screenshot from LexisNexis/Accurint that the report has been submitted. I’ll try calling the Maryland State Police to see if they received a request, but I have a growing fear that they will find some reason to block this claim because the driver is not a US citizen and didn’t report the incident with Hertz. Any thoughts or recommendations would be appreciated.
I take it from your description that this is not a Texas car accident. I thought when you mentioned the airport, that this was a car accident in Dallas at the airport. Anyway, my recommendation would be to call a lawyer who is licensed in your state, especially if you were injured. Otherwise, I recommend you put the claim through your own insurance. There is far less red tape and they will go after the responsible parties for reimbursement of both the repair costs and your deductible.
On the night of Saturday September 1st a vehicle hit me on the right front passenger side and kept flying. Knowing that I have only liability insurance I chase the driver down. He finally stopped and I was able to snap a picture of his liscence plate. I filed a police report and the owner of the vehicle was identified but not the driver. The police report showed that the owner is under the same company insurance that I do. I filed the claim and the insurance sent an appraiser. Next thing they told me that they are trying to get in touch with the owner to identify the driver. If the owner doesnāt return any calls, itās a loss for me. They canāt do anything for me. I mean if the owner never reported the accident , didnāt reported the car stolen, doesnt return calls, and is running from the law. Who makes them think he will cooperate?! So basically he gets away with everything. And I am the one who is screwed for have having liability insurance. I could have died and my family would have not had any type of compensation. I am still waiting to hear back from them but I can foresee my claimed being denied. As much as I am also a customer they will still protect the other customer at fault. How do people get away with hit and run and still live their life like nothing ever happened?
My recommendation would be to wait and see what the insurance company does. Meanwhile, go get two repair estimates from reputable body shops. Make sure you have good pictures of the damages. Then, be prepared to file a lawsuit against the owner.
Robert,
I was hit on August 30th, of this year (in Texas). The other driver is at-fault and I have been working with her insurance company to settle the claim. However, since my vehicle is older, the cost to repair has been deemed by the insurerās company as totaled.
They have presented me with a CCC Market Valuation Report and an offer that is lower than what I have researched. I was able to get them to increase the offer by listing additional features my car has, that were not listed correctly on their report. This amount was minimal and I have since responsed to the āadjustedā settlement with research from KBB and NADA. The adjuster informed me that the CCC Report is what they are sticking with and that they do not use KBB/NADA. I have several concerns and issues with the CCC Report and how they have calculated their numbers. I have not had the use of a rental car since finding out my car was totaled and completely frustrated with this whole process.
It seems I am at the end of my negotiation with the insurerās insurance company. Since it is a small claim, and probably not worth retaining an attorney for, can I turn the claim over to my insurance company? I have collision coverage on the ātotaledā vehicle.
Any advice or direction I should take is greatly appreciated.
Thank you so much for your time.
Yes, you may turn the claim over to your insurance company. As a matter of fact, I wouldāve suggested you did that in the first place. Your insurance company will likely be more generous to you on the value of your car than the other driverās insurance company. You may have to pay your deductible. But, when your insurance company goes after the other driver and his insurance company for reimbursement, they will refund your deductible once they are able to collect.
I was sitting in my vehicle in a parking spot at a filling station not moving. I was backed into by another vehicle. That person filed a claim but his insurance company will not pay to get my vehicle fixed “claiming we backed into each other” knowing that is not the truth. Now it just seems it is my word against his. What should I do?
This is not really an issue of the other driver not cooperating. It sounds more like the other driver just has a different version of the accident than yours. If you had collision coverage on your car, then I would file the claim with your own policy. Your insurance company will seek reimbursement from the other driver or his insurance company and will refund your deductible if they are successful in collecting anything. Otherwise, you only other option would be to sue the other driver for the damages.
I was hit by another driver who merged into my lane and struck the rear half of my car. I filed a claim with my insurance and my insurance states they are currently waiting for the other insurance company to report the other drivers claim information but I suspect she is avoiding filing a claim because her damage was minimal while mine was significant. My insurance company will refund my deductible if the other drivers insurance company admits the other driver was at fault but this will not happen if she never gives them any information. Do I have an option to sue the other driver if she does not cooperate?
It sounds like you may be dealing with your insurance agent rather than with your actual insurance company. Never, ever, ever, deal with your agent on claims. They will almost always steer you away from reporting a claim. Always go straight to your actual insurance company and report the claim directly to them. Anyway, if you had collision coverage, then your insurance company has to process your claim whether regardless of what the other driver or her insurance company does or does not do.
I might not have explained this well. Let me try again. I filed a claim with my insurance company and they wrote me a check for damages beyond my deductible. They said they would submit a claim to the other driverās insurance company and if they accept their driver is at fault then I would get my deductible paid ābackā to me as well. If not, it would go to arbitration. If the arbitrator could not determine fault then I would not receive my deductible back. Do I have the option to sue the other driver for the amount of my deductible after arbitration or at any point during this process?
You have the right to sue for your deductible. But, if you choose that option, the other driverās insurance company will hire an attorney to represent him. If your insurance company is going after them, I would just let them handle it.
Hi, I was recently a victim in a 5 car accident on a bridge. My car and one other car was completely totaled and the others had minor damage. There was one car at fault for causing the whole thing and the police report very clearly States it was his fault. My insurance has done everything they can and taking statements and evidence from me… The other insurance is saying they cannot get in contact with their driver And there’s also a limits issue. What should I do?
Even if the insurance company does talk with their driver, it might very well be that there are too many claims for the policy to cover. This is ever more true if there are any injuries being claimed. If you were injured, I would recommend you contact me to discuss your case further and go over all your options. As for your car, I would put the claim through your own uninsured motorist or collision coverage.
Last week a driver ran through a red light and I clipped her rear fender, which caused more damage to my front bumper than her car. There was a witness who corroborated the story to the police officer. She was labeled at fault for the accident on the report, and given a ticket for running the red light as well as driving with no/expired license. All of which was provided to the adjuster upon initial contact. The insurance is under her husbands name (Progressive). There has been zero advancement in the claim due to the adjuster claiming she’s unable to contact the at fault driver for a statement. There has also been zero communication with the Progressive adjuster to provide any sort of updates on the situation. I’ve gotten 3 estimates that average at around 5k to fix the damages, I need a car to get to work. What should I do, should I contact Progressive directly to try and speak with the adjusters supervisors to try and get a rental?
You might try to contact the adjuster’s supervisor. However, if your had uninsured motorist or collision coverage, the easiest thing to do it just put the claim through your insurance. Let them handle the headaches of chasing down the responsible parties.
A lady in our neighborhood backed out of her driveway and hit my son as he was driving home. She apologized, explaining how she did not see him coming. We exchanged insurance, the police even came and heard story, ran the insurance, licenses and all was good and he left. 3 weeks later we cannot move forward getting his smashed car fixed because she has not responded to the adjusters calls. They simply told me they cannot pay until they talk to her. Talk about frustration. I reached the policeman who came, he did not make a report. He said he would run by their house and try talking with them and heād call me. That was 4 days ago. Very disappointed. I should not have to use my car insurance, my rates will increase, I will lose my cash back yearly bonus for filing a claim. Why wonāt people just do right,
If you do not want to use your insurance, then you have no choice but to sue the other driver in small claims court. But you will be creating more problems for yourself. Because, when you file the lawsuit, her insurance company will hire an attorney to defend her. Now, you will have to deal with the lawsuit while going up against an attorney. Take my advice: Make it easy on yourself and use your insurance. Your insurance will handle your claim and then go after the other driver and her insurance for reimbursement. They have the means and the tools to turn the tables on her.
i was in a accident involved in a parking lot it turns out as i was backing out this car was also backing out he did no see me clearly he said he was going to tell his insurance which the company had the information which was a rental car company turns out he did some major car damages to mine first the insurance from the rental car company told me to get the quotes which they where going to pay for my damages now they are backing out saying its his word against mine what can i do would a police report help they do not want pay for my damages
This is not a matter of the other driver nor cooperating with his insurance company. This is a matter of two people having different opinions about fault in the accident. If you were both backing out at the same time, then fault is probably going to be shared 50/50 by each person. My recommendation would be to put the cliam through your inusrance. That way, you can get your car fixed and let your insurance company fight it out with the other driver. If your insurance is successful in getting reimbursement for the damages paid on your car, you will get your deductible refunded.
My car was parked in front of a family members home, when a guy driving eastbound suddenly crashed into the back of it. Causing a huge dent on the left side bumper and just above it as well. The driver apparently tried to back up and drive away, luckily a family member of mine was sitting outside at the time and ran up to him with his phone out intending to call the police. The police came, insurance information was exchanged and a police report was filed. This happened three months ago. I sent all the necessary documents his insurance company requested, including the police report and quotes and they in return informed me that their insured is not cooperating. They haven’t been able to get ahold of him. They sent him some documents to sign and said that if he is found to be in breach of his contract, they will not process the claim. I would like to file suit, however, how would that work if he did breach his contract? Would his insurance company still represent him? I just want my car fixed but am not sure about filing a claim with my own insurance company. Any advice would be great! Thank you so much
I would most certainly file with your own insurance. You will have to pay your deductible. But your insurance will go after the other driver and his insurance for reimbursement. If they recover anything, your insurance will refund your deductible. Your insurance has the ability and resources to fight the other side much more effectively than you can.
I was in an accident a few days ago. I was waiting to make a left turn into a 4-lane road with a median. A county school bus needed to turn onto the road I was occupying and cannot do so with any cars on the road as it is quite narrow. The driver of the school bus came to a complete stop, as did all of the cars behind him. He must also clear the left hand lane to make that turn as his rear swims into the lane. The bus driver looked in his mirrors and I looked around him and saw no cars. My teenage daughters also looked and verified hey saw no one. I preceded to make the turn and as I clears the bus, a driver had come out of the right hand lane behind him and was in the left lane and struck me. Be dis not even attempt to stop
The police on scene declared the accident no fault despite the fact that she should not have come from around a stopped school bus. The otfixers told me to ālet the insurance fight it out.ā Iām very frustrated as try insurance just called to tel me the other driver is claiming injuries and I stated to them that she needs to call her own insurance as the report reads no fault, and she is quite culpable. The bus driver gave a witness statement tha I did look before I began that turn, and that he saw no cars before I began to turn, either. He did not see he other driver until right before she collided with me.
My car is totaled and I have full coverage, so that is not a concern. However, I do not want payments issued to the their driver as I live in a pure contributory negligence state with a Safe Driver Incentive Plan…meaning that damages paid to her can result in a hefty hike in my premiums or in me being dropped and forced to enact a high risk policy (I do have another accident on my record in the past three years).
Do you have any advice?
This really isnāt an issue about the other driver not cooperating with the insurance company. This is more of an issue about two people having different opinions about fault in the accident. That happens all the time.
My suggestion is that you stay in close contact with your insurance adjuster and provide them with any information that you have or may receive in the future. If you or your daughter get served with court papers, be sure to notify your adjuster so that they can provide a legal defense and retain an attorney for you.
Hello,
I was stopped at a red light and other person came and rear ended my car. I have few photos of car damage, her dL and her insurance. But no police report, no witnesses. After i filled the claim with her insurance, she is not responding to her insurance. What are my next options? This is so frustrating with so dishonest people.
You have two options. First, if you had collision or uninsured motorist coverage, then put the claim through your own insurance. They will go after the responsible parties and reimburse your deductible once they collect. Second, you can file a lawsuit against the the other driver. If I were in your shoes, I would choose the first option.
Hello, I was at a stop coming out of a grocery store the only way to turn was to the right . While I was waiting for the cars coming from the west to pass by I seen it was clear and when I was making my right turn the driver behind thought I was going to make a left turn and hit me on the the passenger side I made a claim with her insurance company she wasn’t responding until 2 weeks later she answered the adjuster and she denied everything she said it wasn’t her fault and that she was right next to me.
This is not an issue of the other driver not cooperating. This is an issue of the other driver having a different version of the accident. It happens all the time, especially when there is no police report and no witnesses. You have two options. First, you can get your car fixed through your own insurance and let them worry about going after the other driver for reimbursement. Second, you can sue the other driver for the damages to your car. But, the other driver’s insurance company will hire an attorney.
Hi,
I have been involved in the car accident where the other driver hit me from behind. I didnt called the cops but took his insurance policy and driving licence details. Its been a week now and the adjuster is unable to reach him. I also tried calling him twice and he is not taking my calls and not replying to my texts either. It seems he is escaping from the claims. What option do i have now, will his insurance company go ahead with my claims if they cant reach out to him in 2 weeks of time or will i have to pay deductible on my own insurance policy and get my vehicle repaired.
If you were injured in the car accident, then I recommend you contact me as soon as possible.
As for the repairs to your car, I recommend you refer the claim to your insurance company. Although you will have to pay your deductible, your insurance company will go after the other driver and his insurance company for reimbursement. Once they get reimbursed, they will refund your deductible.
Me and my wifeās car was parked out front of the house when a drunk driver crashed into both of them. My car had full coverage insurance and my wifeās did not have insurance as her dad bought it for her and was fixing it up. We had it outside for about 3 days. My wifeās car was totaled and my car is getting repaired in which Iāve had to pay the deductible. Now the driver that crashed into us wasnāt the owner of the vehicle and had no insurance, and the owner of the vehicle has insurance but wonāt respond to any calls. Is my wife out of a car, or are they still liable and should I think about sueing? Weāre at a loss at the moment.
I was in an accident a few days ago. I was waiting to make a left turn into a 2-lane road with a median. A car was turning right, so I looked to make sure no one was there, I looked left and no one. When I proceeded to turn I got hit by the other car My fiancĆ© was also looking and they didnāt see any one.
The other car ended up on the median, looked like she was going really fast because she took my whole defense off. They didnāt want to call the cops and we exchanged information, nothing happened to her had but a dent and a flat tire. There was one witness and they didnāt share any information with us only with the other driver.
My car is totaled and I have full coverage. However, she did not file a claim, and now my insurance thinks Iām lying because the damage is so bad.
If your wife got the vehicle within 30 days of the crash, then you might be able to get it covered under your policy as a ānewly acquired vehicle.ā Otherwise, your only other option is to sue the other driver and vehicle owner.
I waz parked behind my friends daughters pickup when she left she backed into my van not telling anyone she did it. Later when i get in my car the door doesnt shut properly so once i get to my desination i check it out to find the damage. I tell her mom and her grandparents are the policy holders. They deny that she is at fault. I tried to go thur there agent to file a claim and they told me that they woulnd file a claim because her grandparents told them not too. So a month later i get the info needed to file and my insurance files the claim. Now they had adjusters look over both cars but they claim they need to talk to the driver. She is 17 and will not call them back nor will her grandparents make her do so. So what do i do?
You have two options: 1. File the claim with your insurance and let them worry about the legal process of going after the other driver for reimbursement; Or, 2. File a suit in small claims court against the other driver for the repairs to your car. But, just know that, when you file the case, her insurance company is going to hire and attorney to defend her in court. That attorney will do everything possible to make your case impossible to win. I say go with option 1.
I was in a car accident a couple of days ago. The other driver tried to jump across lanes from a side street to cross over to go in the opposite direction. She waited until I was at the median to decide to go and hit the passenger side of my car. Police was called and they all agreed that she was at fault. My car it a Total Loss and now my claim rep is trying to get in contact with the other driver and not having any luck. I received a call from a private investigator who stated that the other driver already has had 5 accidents and a lawsuit is pending against them and they want me to be apart of the lawsuit. I do not know what to do right now. Also how may attempts does my claim rep need to make to the other party in order to move forward in my claim?
As for the damages to your car, the easiest thing to do is just put the claim through your own collision or uninsured motorist coverage. They will get you car fixed and go after the responsible parties for reimbursement. At the same time, if you were injured, the you need to call me to discuss your case further. I hope you are not trying to represent yourself in this matter. That is a recipe for disaster.
2 days ago,when leaving school, another student started backing out as I was approaching her vehicle, which was also near a stop sign. I stopped in effort to prevent the accident but she kept going and hit right into me. I told her I wanted a police report and instead, she insisted she was at fault and gave me all her insurance. Now that I have made a claim, she has not been picking up the calls to her insurance company. I have photos of both of the damage done to our car, I still contacted both the police department and the deputies on campus at our school to try and report the accident, and have 3 eyewitnesses. What is my best option if she does not corporate?
If you had collision or uninsured motorist on your vehicle, then I recommend that you complete the claim through your insurance company. They will then pursue her insurance company, or file a suit against her personally, for reimbursement or what they paid, including your deductible. If you did not have either of these coverages, then you are left with no other option other than to file suit against the other driver (not the insurance company) in small claims court.
My vehicle is a reconstructed car no collision insurance. Asked a neighbor to move my vehicle from blocking alley to street, unaware he was not licensed. Car pristine despite r title. Neighbor was driving a block from my home when a vehicle emerged from a sidestreet , stopped blocking one kabe of traffic and nose protruding into my vehicle right of way. Two cars ahead of my vehicle beated slightly to right of lane to ensure clearance of the stopped vehicle blocking oncoming lane of traffic. As my vehicle approached the stopped car which was about two feet over the yellow line, the driver also travelled in far right of lane as attempting to continue in right of way. Just as my vehicle began to meet other vehicle, the other car moved into the lane of traffic my car travelling and the driver of my car already travelling on the right side of lane, had to veer right as the car seemed to want to go straight across and at last moment turned slight left and my vehicle to avoid collision hit a pole 9 inches from shoulder of roadway on left front of car. There was a metal plate on bottom of pole and vehicle repairs exceed value of car. Driver if other vehicle driving girlfriends father’s car. He gave statement at scene that his foot slipped off brake and he crossed over into the second lane of traffic. No collision of vehicles only my vehicle hit poke. Police report 100 percent fault of other driver. When owner of that car called insurance the statement the driver gave changed stating he never said that and he never crossed the yellow line. Insurance denied claim. Besides suing them in small claims court in pa, do I have a umpd claim due to failure to cooperate once it was denied as denial l tter states unable to approve claim due to the insured statement has changed from that of police report and are denying liability or negligence. And since the police officer at scene witnessed the driver crying and apologizing, would the actions of the insured and driver be considered bad faith?
I can only tell you what the law is in Texas. It sounds like your case may arise in another state. However, under Texas law, you may not make a UM claim just because the other driver changes his story and the insurance company denies liability. UM coverage only applies if there is no coverage. A denial of liability merely means that there is a disagreement as to who is responsible for the accident. A denial of coverage means that the insurance company is not honoring the claim because the policy may be invalid for some reason or another. Either way, you should be able to sue the driver in small claims court, if you wish to do so.
My 18-year old daughter, who is not a named insurance on our insurance policy, was driving a friends car and was in an accident that may have been her fault. There may have been personal injuries in the other car. She has been contacted by the friend’s insurer and the other driver’s insurer asking for information on the accident. Should she talk to either or both of them?
She should talk to, and cooperate with, any insurance company who may provide her coverage for the accident. She needs to also make clear that she was driving the car with permission. Then the insurance company covering the car should also cover your daughter.
My son was hit from the passengers side on the service road, there was a police report where it clearly states that the other driver was at fault I called the other driver Insurance to file a claim and now it has been tree weeks since the accident and the adjuster it keeps telling me that they have not been able to get a recorded statement from their client to continue with the claim, it has been frustating because the car it had major damage on the drivers side because of the impact it made it hit the concret barrier, so since the accident I have been losing money because it only left me with one vehicle I had to adjust my work schedule so I could drop my kids at school and also I have been paying anoher person to pick them up too. I dont have collition nor non insured coverage on my policy just liability. Please advice.
If you had no collision or uninsured motorist coverage, then you are not in a good situation. Your only option would be to seek legal action against the driver in small claims court. (You cannot sue the insurance company directly). But, when you do sue the other driver, his insurance company will retain an attorney to represent him in Court. Ironic….
Ariel,
I am in the same exact situation as you. Police report states the driver is at fault. Damage to my passengers side and the at-fault driver hasn’t made a statement and the claims adjuster is pretty much dodging my calls.
I was rear ended in front of my home. I was not in my car. This happened about 2 weeks ago and I cant seem to get anything settled. I don’t have collision coverage only comprehensive. My insurance wont fight for me but isnt it the law for the other guys insurance to pay for the damages? It is clearly his fault and I can’t get a hold of their adjuster. I get placed on hold everyday until I get disconnected, do they do that on purpose so I can forget about the claim? What do you think I should do?
Unfortunately you have no recourse against the insurance company. Your only options are to try and file a claim on your own policy or file a lawsuit against the other driver. You stated that you do not have collision coverage. But, you may try to file on your uninsured motorist coverage if you had it. Since the other insurance company is being completely unresponsive to your claim and you are unable to confirm coverage, then the other driver may be considered “uninsured.”
My son was traveling down a street on a motorcycle (speed limit 55) when a driver pulled out in front of him. He sustain some injuries but the insurance of the driver will not except liability. A witness states that my son passed her 4 miles up the street told the officer that he was speeding. Come to find out he was not speeding, he went around her because she was doing 35 in a 45 zone. She made it her business to stop and complain to the officer. The officer put her statement on the report and coded my son as passing improper. Now, keep in mind that the first report had to be changed because she stated that he was speeding. After, proving to the officer the correct speed he amended the report but would not remove the improper passing code that the witness stated. She was not a witness to the accident at all. She arrived 5 minutes after the accident had happen and they were loading my son in the ambulance. The officer still refuse to remove the improper passing code from my son. The insurance is not accepting blame because of the code. The insurance states my son is still at fault because of what this witness is saying which we feel her credibility should not be enter as she was wrong with him speeding and mad because he passed her 4 miles back. She did not witness the accident at all. My son is out because he only had liability insurance coverage. what can we do? Should we hire a lawyer?
You should definitely hire an attorney. You do not mention where this incident happened. I am a personal injury attorney in Dallas, Texas. I have also handled many motorcycle accident is Dallas and surrounding areas, and would be glad to discuss your son’s case further if he wishes to give me a call. But, if the accident happened somewhere else, I recommend you contact an attorney in your area.
Hello I got into a rear ended collision where it was the other persons fault but they are not cooperating and returning their insurance companyās calls. What can I do if they fail to cooperate ?
Unfortunately, you have very little or no recourse other than to file on your own insurance or file a lawsuit against the other driver. I recommend you file on your own insurance if you had collision or uninsured motorist coverage. If you file a lawsuit, the insurance company will just hire an attorney to represent the other driver against you.
I was rear-ended by a driver, luckily no one was injured. The police weren’t contacted however we exchanged information. (insurance, registration, phone number, etc) The driver agreed to cover the cost of all damages which was over 2 thousand. I keep tying to contact the driver but he’s avoiding me. What should i do?
Go ahead and report the claim to his insurance company. If that doesn’t get you any results, report the claim to your insurance company and get your car fixed under you collision or uninsured motorist coverage. Your insurance company will then pursue the other driver for reimbursement (including your deductible).
About two months ago I got into a minor fender bender with a truck. I was backing out of a parking space and the other car was going forward. We exchanged insurance information and we saw that it was both equally our faults, deciding not to file any claims. The other driver had no valid insurance on them and they were not from my state. Now two months later, the other driver wants to file a claim, wanting my insurance to pay for their small chip of paint, meanwhile the rear of my car has s large dent. What should I do, since we agreed on one thing and now its turning into something else?
The only thing you can do is cooperate with your insurance company’s investigation of the accident. You never know…. Your insurance company may decide that the accident was all or partly the other driver’s fault.
Hi I was rear-ended at a red light and the police were called and a report was made which details the other driver being at fault for failing to yield to traffic. Their insurance company won’t move forward with the process though because they haven’t been able to get ahold of them. Would the police report help in this situation if I gave them a copy because it details the accident and who is at fault? I also had to go to the emergency room with a concussion and want them to pay the bill. If they keep stalling the claim and I have to explore other options which would be the best choice? Thank you for your time.
The police report might help. However, many times these insurance companies use this as an excuse not to process your accident claim. If you have full coverage, I would put the claim through your own insurance and let them fight the others for reimbursement of the damages and your deductible. Your insurance company has more tools at their disposal to put pressure on the other driver and the insurance company.
Someone hit my bumper while I stopped at a red light. I didnāt call the police because the lady had insurance I took a picture of it and then contacted them later that day. Now this happened in June and now It December and her insurance is telling me that they wonāt cover the damages since they canāt get ahold of her,..I went to her house and told her and gave her paper work with her insurance company number and she slammed the door in my face… what do I do now I donāt want to turn it into my insurance because it will raise my rate and I donāt have a Police report … please help
You basically have two choices. First, you can report it to your insurance and get the benefits of the protection and coverage you ave been paying for. You will have to pay your deductible. However, your insurance company will then pursue the other driver for reimbursement. They have the personnel and means to make the other driver take notice and get involved in her claim. Then, when your insurance company gets reimbursed, they will refund your deductible. Second,you can sue the other driver in small claims court. However, her insurance company will probably hire an attorney to defend her in your case. You will then have to deal with the stress of going up against an attorney. My advice is to just report it to your insurance and let them worry about collecting from the other party. That’s why you buy insurance in the first place.
Some guy hit my parked vehicle while backing out of the driveway. He left a not admitting his fault and provided me with an insurance I D card. When my insurance agent contacted the other partyās insurance, he is told that they donāt have anyone under such policy number. Meanwhile, I filed a claim against my own insurance carrier since I have UMPD coverage. My claims adjuster says he needs to receive a claim denial letter from the other partyās insurance, then they can proceed to process my claim. When I contacted other partyās insurance again, I am told that they donāt have such policy under such name. So I am going back and forth and itās been already five month and legally, I am told that if I donāt get compensated by my insurance carrier within six months from the date of accident, my insurance carrier no longer has any obligations to pay me. What should I do?
There are a couple things you need to know about your claim. First of all, the burden is on your insurance company to prove whether or not the other driver is uninsured. It is not your obligation to get a claim denial letter or anything of the sort. Secondly, there is no six months time limit on the claim. Rather, Lee time limit is four years from the date you filed your claim. Understand, however, and Iām speaking only in terms of Texas law. If your claim or policy is in another state, you need to contact an attorney licensed in that state.
I was hit by a vehicle driven by a guys girlfriend who did have a license. The owner of the vehicle has full coverage through Allstate. The Allstate adjuster knows I was not at fault, but they are not going to approve my claim unless they talk to the owner of the vehicle, and policy to see if he gave them permission to drive his truck.
What can I do?
What if the Allstate adjuster cant get the man to admit he gave permission to drive the truck?
Shouldn’t Allstate (or their client) have to prove the kids didn’t have permission to drive his truck?
I would think with full coverage insurance, they should have to be responsible no matter who was driving as long as they had a valid license.
Any advice you could give me would be much appreciated.
The fact that the vehicle that hit you had “full” coverage is irrelevant. The only coverage that would pertain to the damage to your vehicle is the liability coverage. If the vehicle was being operated with the permission of the owner, then the insurance coverage follows the vehicle. Otherwise, there is no coverage for the accident. I recommend you contact your own insurance and make the claim. If you had collision or uninsured motorist coverage, then they will fix your car. Then, they will go after the other driver/owner and Allstate for reimbursement of your claim and deductible.
Had a parking lot accident at work, my car rolled and hit another car on a parking lot. We plan on paying cash for her repair, the other driver never got back with us on the estimate. We never shared insurance info. But some how she got our insurance information from someone at work. Is that illegal from them to give out our personal insurance info? So what do we do?
I do not think it is illegal for someone to disclose your insurance information, especially since the law requires parties to exchange information after a car accident.
Someone hit me while my car was parked they even left they car parked behind mine with the plate of there car up against my bumper I did call the cops and made just a documented report cause that day it was snowing and freezing rain and hard to tell I finally noticed I do have a scuff mark and scratch from there plate I went and filed a police report but I never got the persons insurance information the day it happened will there insurance company be on the police report once itās ready for pick up
Yes. Normally, the police report provides the insurance information for all the vehicles involved in the collision.
I do not recommend that you give a recorded statement. My suggestion would be to work with your insurance company to get your car repaired either under the uninsured motorist or collision coverage (if you had it). You will have to pay your deductible, but your insurance will refund your deductible to you once they collect from the responsible parties.
I was in an accident 3 and a half weeks ago. It was a four-car collision. I was driving the second car so I was sandwiched so my car was damaged in the front and rear. The fourth car didn’t stop in time and ran into us all. The driver of the 4th car is will Allstate and they still haven’t received a statement from the drive to close the case and site liability. In the meantime, my car is fixed and ready to be released from the garage. Because the investigation is still underway my insurance is telling me that I need to pay a $1,000 deductible. The police report hasn’t posted and I was told that sometimes they can take up to 6 months. How can I get my car out without paying this $1,000 deductible? It’s holiday time and I don’t have $1,000.
I am a car accident lawyer in Dallas, Texas. In my practice, I am able to get a certified police report from the centralized reporting system in about 3-5 days after the accident. As for your deductible, you might try to file this under your insurance as an uninsured motorist claim instead of a collision claim. Your uninsured motorist coverage probably has a much smaller deductible. The trick is getting your insurance to agree. But, it appears that Allstate is not tendering coverage because their driver is not cooperating. Four weeks is more than enough time for Allstate to step up and process the claim.
Slowing as I went, I was coasting towards an approaching a traffic light and a truck hit my rear end. My tailgate glass shattered and dented in my bumper to the point I could not open up the tailgate any more. I told the Police Aid my version of what happened and the investigator mentioned that the other driver claimed that I was backing up and that she could not determine at-fault due to conflicting reports. I believe it is not illegal to back up on a main road, I am certain people don’t just back up on main roads that go as fast as 40 mph. Now that other insurer (All State) wants me to go halfsies on my deductible in order to obtain compensation for the repairs. As far as I am concerned, the other driver hit MY car and I have to pay to repair MY car? Is there anything I can do? Help!
Since you mentioned that you had a deductible, then that suggests to me that your own insurance paid for the repairs to your truck. If that is the case, then I would just let your insurance company pursue the claim for the vehicle repairs. Once they collect, they will refund your entire deductible.
Hello,
I was recently rear ended by a woman, pushed into the car in front of me. Then the car behind her, hit her into me again. I have spoken with the woman in the back’s insurance and my insurance company. The woman who initially hit me has the same insurance company as me and is refusing to talk. I have contacted my insurance multiple times to see the status of the claim. They continue to do nothing. I have liability only. My car is beat up but it drives. However, my headlight is busted and is due for inspection (it will not pass). Can she continue to not talk? Is there a time period where they will just move on without her statement? I am very angry because my car looks like a mess and requires repairs that I should not need to pay for. I do not think I have uninsured motorist coverage. What can I do to get compensated for the damages?
Thank you for your time.
The reason your insurance company is doing nothing is because you only have liability coverage. If you had collision or even uninsured motorist coverage, your insurance company would get your car fixed. Otherwise, your only option is to continue pursuing the other insurance companies. You might even have to file a lawsuit against the drivers. Were you injured? If your accident happened in the D/FW area, then you might consider hiring a car wreck lawyer in Dallas to help you.
Hello,
I was hit while making a left turn at an uncontrolled intersection. I was told by the other insurance company that in VA if I was even 1% responsible for the accident, I can not collect from them. I receive the police report yesterday and forwarded it to them. The police report states per multiple witnesses, the other driver was speeding without headlights and struck my vehicle while I was making a left turn. I did not receive a ticket but the other driver did (reckless driving). Now they are saying they are still investigating and are not able to contact the driver. My insurance company said the same thing. The witnesses information was not listed in the police report and I am not getting a call back from the officer at this time. I don’t know what else to do.
This isn’t really an question about the other driver not cooperating. It is more a question about two drivers having two different views of fault in the accident. I am a car accident lawyer in Dallas, Tx. Under Texas law, being 1% negligent does not automatically bar your right of recovery. Under Texas’ comparative responsibility law, you are barred from any recovery if you are found to be over 50% at fault. You have to consult with an attorney in your particular state to answer your question.
I was hit in my parked car while eating lunch. I got her insurance information and all the pictures for this crash. But she never responded to her insurer’s calls. They just told me they could,t do anything till other person responds to their requests. I filed a case in the small claim but was never able to serve the person because she moved from the address she listed on her license. I paid a few times to a processor server, but nothing happened.. giving up on this… I have all the images and proof of she hitting my car.
Plz help if i can still do something about this.
Did you have collision or uninsured motorist coverage? If so, file the claim on your policy and they will go after the other driver and her insurance company. Otherwise, you will have to pay for an investigator to do a “skip trace” and find the other driver for service of the papers. If you find out that she lives out of state, there is a method to service her through the Texas Secretary of State.
I was recently hit while leaving my job the woman did not realize I was behind her when she was backing up so she did not stop and she hit my rear passenger door and rear quarter panel but now I have started the claim and she has been refusing to answer to the adjuster leaving me waiting and waiting On a response from the insurance company due to the fact that she does not want to cooperate I have pictures of both cars and damages I have a police officer and a written statement from him. but the insurance company says that they canāt move forward until they can get a hold of The other person involved in the accident. Which I doubt they will ever get in contact with her what can I do now I feel as if they are giving me the runaround and not trying to help me
Unfortunately, this is a very common scenario in car accident cases. You have two choices: file on your own insurance or file a lawsuit against the other driver. I would go with the first choice. Even though you would have to pay your deductible, your insurance will refund it to you once they collect from the other driver or their insurance company. They have the resources to fight them in court than you do.
Is it true that by law the other driver has 30 days to contact their insurance company?
There is no specific time period that the driver has to contact the insurance company after a car accident. Most insurance policies require that they do so in a reasonable time period.
As I crested a small hill, on the other side to my surprise was a car going in reverse. Despite hitting the breaks, my vehicle struck the reversing vehicle in front of me. The Police report allocated fault to the other driver. The other driver admitted fault on the scene claiming his car was malfunctioning. Later in court, the other driver plead guilty to being at fault to the accident. His insurance company is Denying liability for the claim to repair the damages to my vehicle. Are there rules the insurance company has to follow or do they make their own? I would think a police report and court finding both stating their customer is at fault, would be sufficient. What leg, if any, is there to stand on to prove liability to this insurance company. I do not want to incur a deductible & raised rates for an accident Iām not at fault for.
I recommend that you file the claim on your insurance and let them go after reimbursement of the repair costs as well as your deductible. That is why you have insurance. I don’t think your insurance company is going to punish you for filing a claim in which you were not at fault. But, every insurance company is different and there are no guarantees. Either way, you may be out the money: either by paying for your own repairs or for your deductible. At least if you go through your own policy, there is a decent chance you will get your deductible back when your insurance company goes after them. If you choose to file the lawsuit yourself, you will be going up against their insurance attorneys who will make your life very difficult. Chances are, you will be held holding the bag just because their attorneys beat you down with technicalities. Trust me, in the end you will wish you just filed with your insurance.
I was involved in an accident on January 13, 2019 where I crested a hill on a 6 lane divided highway and right in front of me was a spun out pick-up truck. I had no time to react but I believe I applied my brakes. The lights on the truck were off and the driver was not in the vehicle. I suffered a broken leg, fractured sternum and bruised ribs. I filed the claim with my insurance and have advised the other insurance company that I will not provide a recorded statement. My question is since my insurance company paid $1,000 for my medical and the hospital bill was $25,000 will I be able to get reimbursed from the other insurance? The Police Officer said it was not my fault as the truck was abandoned in the left lane. My insurance paid for my vehicle that was totaled. I am in Missouri and I am letting them handle things.
I was driving in the second to right lane, and a Master Park shuttle vehicle merged into my lane instead of yeilding, smashing the front right part of my car with the rear left of there shuttle bus. Police came to the scene but filed no report since our stories didn’t match and they couldn’t find anyone at fault. Master Park is not cooperating nor is the employee driving the bus. Will I have to pursue action against the driver, or the company? How should I go about doing that?
I am not familiar with Master Park shuttle. Did this happen in Texas? Is Master Park a governmental transportation service or a private company? Either way, just because the other driver has a different version of the accident does not mean they are not ācooperating.ā My suggestion would be to file the claim with your insurance company and let them go after the other driver and shuttle service for reimbursement. If you did not have collision coverage, then your only option would be to sue them yourself. But, rest assured that they will throw everything at you and make your life miserable.
Other driver’s insurance company is trying to contact me for a recorded statement, am I obligated to do so? I had already given a recorded statement as well as provided pictures to my insurance.
I would not recommend that you provide a recorded statement to the other driver’s insurance company. You are not obligated to do so.
My wife was involved in a car accident on Nov. 2, 2018, we strongly believe that she is not at fault, but the other driver’s insurance company denied liability, accordingly back in December, our insurance company took the case to arbitration, today the other driver’s insurance company called my wife and left her a voice message, that they need to take her recorded statement, providing that they did not take one at the time of the accident. are we obliged to give the statement or since it is in arbitration, we should not?
This is not really a question of the other driver not cooperating with their insurance company. Rather, it is just a an issue of two people having different versions of the accident. Nevertheless, you are not required to give a recorded statement to the other insurance company and I would not recommend that you do so. If you wife was injured in the accident, she should consider calling an attorney. We offer free consultations. At the very least, you will know your options and can make an informed decision about how to proceed.
More than a month ago, I was stuck from behind while making a right turn at a traffic light. The other driver’s insurance company has done nothing, claiming that they can’t contact their client. My last contact with them was December 4th, since when they’ve failed to return my calls. I have a copy of the accident report obtained from the police department that responded to my 911 call, however it appears that they’ve failed to submit the report to either CarFax or TxDOT (indeed, I couldn’t find any evidence that they’ve sent any CR-3s to Austin recently).
I have lavish UM coverage but have, so far, been unable to contact my own insurance company.
Unfortunately, my attorney passed away some years ago. A call to the local general litigation firm resulted in my being given the number of a (slightly less local) PI firm that didn’t even offer a consultation before sending me a 33%/40% contingency contract (which, of course, I didn’t sign off on: I don’t even have a repair estimate yet).
I’m starting to get a bit miffed.
Are you looking for a car accident lawyer in Dallas or surrounding areas? Because you do not mention where your accident occurred. I would be glad to talk to you about your case. You just need to contact me.
I was in an accident a few weeks ago. I was stopped at a stoplight, and the driver in front of me put her car in reverse and backed up into my car without hesitation. I honked, but it was too late. No injuries, but some pretty deep structural damage to my front bumper. There was no police report filed, as she gave me insurance info and contact info and all was supposedly about to be resolved. I filed a claim with her insurance company, submitted plenty of photos from the scene and provided her company with all information I was able to get from her.
Her insurance company cannot get a hold of the owner of the vehicle, and says she isn’t even listed under them, only her husband, the owner of the vehicle and the only insurance information she provided me. Neither her or her husband will cooperate and her insurance is telling me that they cannot get a hold of the driver. Basically a dead end.
It seems my options now are to go through my insurance and pay our deductible out of pocket for something that was 0% my fault, with little chance of reimbursement as neither company can get a hold of the driver or owner of the vehicle, or leave my car as is and bear the damages.
I don’t understand how this isn’t illegal.
You’re correct that you should go under your insurance. However, your insurance has the muscle to pursue reimbursement far more effectively than you can. They stand a better chance of success in seeking reimbursement than you would. Once your insurance gets reimbursed, they will refund your deductible.
I was going straight and trying to get out of parking lot. A woman from corner hit my right while trying to turn right. At first she wanted to pay me in cash. But after I took my car to body shop and estimate, she could not afford that money so her hushand left me a voicemail and told me to call insurance. It’s been more than a month, she has not responded to her insurance. Her insurance company kept saying they could not move over when no statement from her was recorded. In that case, I was searching a solution then I found calling my own insurance is the best solution. I called my insurance and gave them all pictures I took from the accident. What can I do now? Wait for my insurance? How long will it take?
Also, to make sure, I call her insurance today to check if she responded. She still doesn’t respond. I told them to call her. After a moment, they said they seny her to recorded statement something then they will call me for my statement also. Does that mean she responded to their call? Do I have to give them my statement so they can see and pay for me?
Please help me. It’s been almost 2 months. My car still looks ugly.
What can I do if the people at fault won’t respond to both insurance? Both my insurances and their insurance. My car was hit on the back side. I called my insurance after a month the other insurance didn’t get any statement from people at fault. My insurance said I have to pay for deductible so I can fix my car but I don’t have money to afford that. Also, they cannot do anything except calling their insurance weekly and check claim for me because they also can’t get statement from people at fault too.
You have two choices: First, you can process the claim on your policy and get your car fixed. You have to pay your deductible. But your insurance will pursue the responsible parties and will refund your deductible event they collect. Second, you can sue the other driver in small claims court. However, once you do so, the insurance company will probably retain an attorney to defend the driver. Depending on how high your deductible is, I would go with the first option.
I was involved in a hit and run accident in Nov. 2018 where my vehicle was totaled. I was under a commercial policy under my uncle. My insurance paid for the vehicle however, my daughter and I was both severely injured. Now that we have been attending therapy, the insurance company has stated that since the policy is in my uncles name and the car is in my name that they can not cover any bodily injuries. Is this possible? What are my options? The car is listed on the policy and I am listed as a insured driver.
If you and your daughter were seriously injured, you should stop talking to any insurance company immediately. You need to get the proper legal advice first. You should think seriously about hiring an attorney. I’ve been handling injury cases in the Dallas, Texas area for nearly 25 years. I recommend you call me ASAP to discuss your case further. The consultation is completely free. At that point, you will know what your options are and make the proper decision. I can be reached anytime, days, evenings, weekends.
My wife was in an accident and the police report states the other driver was at fault. The DMV shows their license was suspended and the name they gave the officer doesn’t exist, but the officer let the person go anyway. Now their insurance is saying they cannot get a hold of the person with that policy number and cannot do anything. We don’t have uninsured motorist policy, but with a police report saying it is their fault and their insurance which matches the plate number, why are they stalling to get a hold of the person?
If you do not have uninsured motorist coverage, then there is not much you can do. Your only option would be to file suit against the other driver. But that might be difficult if you are not able to properly identify the other driver. I’m sorry, but I wish I had better advice for you. If you had collision coverage, you can get the vehicle fixed under that coverage.
On Christmas Eve I was involved in a hit and run accident where another driver side swiped my car and fled the scene, fortunately I got his license plate number make and model of the car and filed a police report as well as an eye witness that saw the other drive merge into my lane, causing the accident. I have filed a claim with the other drivers insurance, sent them the police report and given them all the information of the accident. Now the other driver is telling their insurance that he did not get into an accident that day until the police officer went to his house and inspected his vehicle but lied to the insurance and said the police officer said it was probably another car even though that is not what is said in the police report. The I insurance company does not want to give me the money to repair my car and advised me to take their driver to court since he is not complying. Is there anything I can do to make Their insurance company ( Allstate) Pay me for their drivers fault with the eye witness and police report instead of going through the trouble of going to court and waiting even more for the money I am owed. Thank you
If you were injured in the accident, then you need to call me and discuss your case in more detail. If you were not injured, then I suggest you put the claim through your insurance and let them do the leg-work on getting the responsible parties to pay. If you did not have collision or uninsured motorist coverage, then you have no choice but to sue (who you believe is) the other driver and see what happens. However, if nobody can identify the other driver, then he will probably come to court and deny everything.
I was traveling on 2 lane county road in process making a left turn. The driver behind me and attempted to past me in while I was making the left turn and ran into my car. The witness called 911 and gave statement to police,the other driver was cited for ‘improper overtaking/passing left’. Both vehicles were towed. I contacted the other drivers insurance, and was told their driver has not reported the accident it has been two weeks. I was also told they would not cover the entire fees for the tow yard. I have no auto insurance. Do I have any recourse? Thanks in advance.
If you were injured, you need to call me to discuss your case further for possible legal representation. Otherwise, without you having your own insurance, your options are limited. You may file a lawsuit against the other driver in small claims court. But rest assured that his insurance company will hire an attorney to represent him against your case.
My parked car got hit by my neighbor. My car was parked on the street, they were pulling out of their driveway. My car was not blocking their driveway at all. When I went to speak to my neighbor, she was pretty much blaming me for her hitting my parked car. I got her Insurance card and license card. Right after I called the police to make a report. The cop told me that since we are in a gated community, there is nothing he could do cause it is considered private property. I called her insurance company and filed a claim. They told me they would call me right back after they got in contact with her. Almost a week later and I still havenāt got a call back. So I called her insurance company to see what was going on. They tell me they still havenāt heard from her. They have been leaving Voicemail after voicemail and she still doesnāt respond. What happens if she never gets into contact with them? Is her insurance company still liable to fix my car? If they are not, what happens if I sue her?
You essentially have two options: First, you can file the claim on your policy and get your car fixed. You have to pay your deductible. But your insurance will pursue the responsible parties and will refund your deductible event they collect. Second, you can sue the other driver in small claims court. However, once you do so, her insurance company will probably retain an attorney to defend her. I think the second option is more of a hassle than itās worth.
My insurance contacted me recently to request a statement regarding an accident involving my vehicle. The thing is, my vehicle wasn’t involved in the accident at the time. It appears a clerical error caused a police officer to mistype and assign my tag, and then apparently extrapolated the rest of my information from a database search of that tag number. The claim was originally submitted by the opposing insurance company with a description of the at-fault driver’s vehicle (obtained using public records information of the listed driver), which the opposing insurance then replaced with my information as later with the information provided by the faulty accident report. My insurance is going to contact the police officer for amendments, but what can I do if they don’t cooperate?
This isn’t really a question of the other driver not cooperating. Rather, it looks like the police report is wrong and you are trying the get it changed. If he wrote down the license plate number incorrectly, then there should be plenty of grounds for the office to amend the report. (different vehicle, different driver, etc). I think you are on the right track of getting the officer to amend the report. I would also contact your insurance company and cooperate with them in addressing this matter.
I was hit by a driver who was then cited for the accident. Both vehicles had to be towed from the scene. The other drivers insurance as accepted liability, but told me they have sent a ‘mitigation letter’ and they also stated they hoped my car was not still at the tow yard since they need a estimate.
My question is why is a mitigation letter sent to me if they are accepting liability, and I thought the insurance company is responsible for storage fees from the time of the accident since their driver is at fault?
First thing’s first…. If you were injured in the accident, then call me right away and let’s see if you need an attorney.
On another matter, this is not an issue of the other driver not cooperating with their insurance company. This is a matter of an insurance company dragging their feet on a claim. You cannot expect to get good customer service from the other driver’s insurance. That is because they are not your insurance company. Additionally, because you do not have an attorney, they do not see you as a threat.
If you want to get your car out of the yard, call your insurance company and have them handle the claim. They will get the car out of the yard and pay for your claim. Then, they will go after the responsible parties for reimbursement, at which time they will also refund your deductible. Otherwise, you can go get the car yourself and store it somewhere until the insurance company decides to get on the ball. But you will have to pay the towing and storage charges.
Someone hit my car and was at fault, however, the car he was driving wasnāt his and he wasnāt under the car owners insurance policy. I filed a police report immediately after and contacted the car owners insurance company the day after. Iāve submitted pics and all the info to the claim adjuster but sheās saying that she canāt get in contact with the driver of the vehicle. My dad said I need to sue the driver, the owner of the vehicle and insurance company but my guess is suing the insurance company directly wouldnāt be an option. Do you think i have a case against the driver AND the owner or just the driver?
If you have your own insurance, then I would not sue anyone. Just put the claim through your insurance company and they will do the “heavy lifting” on collecting from the responsible parties. Then, they will refund your deductible once they collect. But if you feel like you have to file suit yourself, you must sue the driver. You cannot sue the insurance company directly in a case like this. As for suing the owner, unless you have any grounds for negligent entrustment, there really isn’t anything to gain by suing the owner and it will just clutter up the case. Howevever just know that if you file a lawsuit, the insurance company is going to hire an attorney to represent the driver. That attorney will do what he can to make your life miserable.
I was in an accident two months ago in which another car merged into my lane and side swiped my car. There were minor scratches. I did not get the license plate number, make and model of the car, or file a police report after the accident. I exchanged telephone numbers and insurance policies with the driver. I called the other driver’s insurance company and I was told that the driver in question was no longer insured through them. I reached out to the driver again, and was not able to get in contact again. What options do I have to get the damaged repaired to my car since I can not get in contact with the other driver? I also know that I did not file a police report immediately after and did not get significant information on the vehicle. I also know that insurance companies can not give me that information as it is against the law.
If you have uninsured motorist or collision coverage, I would file the claim on your insurance and have them pursue the responsible parties. They will refund your deductible if they are able to collect. If you had both coverages, you may choose which coverage you want to use. Of course, pick the one with the lowest deductible.
I have the incident on video. Driver lost load out of the back of his truck. I made contact with him and asked him to pull over after the light turned green. He refused and drove off. Police report was made and detective got me insurance info. Upon calling he insurance company they automatically told me that if they cannot contact the insured they would deny the claim. He is undocumented and unlicensed so good luck getting a response. But the video shows what happened and the insurance covers the vehicle. Why am I stuck holding the bag?
You are left holding the bag because our Texas Legislature and Supreme Court has loosened the reins on insurance companies to such an extent that they are allowed to run roughshod over Texas citizens. Your best bet would be to put the claim through your insurance. Let them do the heavy lifting on collecting from the responsible parties. Once they collect, they will refund your deductible.
Well at least the deductible would get refunded. State Farm has always been good to me. Thanks so much Iāll give my agent a call. Thanks for your time and insight.
I was waiting in queue for car wash, Vehicle(BMW car) in front took reverse and hit my car. I took photo of the accident. In order to claim insurance, insurance agent trying to reach him and he is not cooperative (not attending call). When I text him he saying he is busy whole week. I do have DLicense and insurance number. not sure how to proceed further.
Call his insurance company directly and report the claim. Do not deal with his agent. The agent will divert you from filing an official claim with the actual insurance company.
We both are in same insurance, insurance company is trying to reach him. He is not picking up the call. Claim reported, since he is not attending the call I need to repair my car using my claim. will the amount be reimbursed?
My parked car was hit by a Landscape truck . When I saw the truck hit me, I run outside and started to take pictures . We exchanged information and we both have the same Insurance company. So, I called the Insurance company to file my claim with my pictures, but it has been over two week and I call the Insurance company every other day and they claim that they are waiting to he from him . It is clear that he hit me, I took pictures of his Insurance card , registration card of the truck and his driver’s licence . I submit all of this information so why am I still waiting ?
I was hit by a Lyft driver about a month and a half ago where he drove off from the scene twice where eventually I chased him down and caught him. He later denied that it was his fault and it became and he said she said case. My insurance company has already ruled it as not my fault since they were able to sense some inconsistencies on his part. The adjuster from Lyfts insurance took their time and I am assuming did not reach out to the other driver in time which is now resulting in the driver not returning his phone calls. I have been cooperative throughout the whole process and gave him a very detailed report of what happened. I finally received a phone call from the adjuster and he is stating that he is unable to reach the other driver and does not have a statement from him about the incident. After telling him that it is obvious that the driver is lying since he is not returning the phone calls from the adjuster and the obvious fact that he fled from the scene. He then proceeds to tell me that Lyft has his GPS records showing that he did not stray from his route which contradicts my statement. Obviously knowing something is fishy I call Lyft to see exactly what their GPS is saying. After calling Lyft today, I was told they have no such records and only have what his actual route is the pickup and destination arrival time. They could not disclose that information and told me that would only be available to me if my adjuster discloses that information. The other insurance party is delaying the process heavily and is not doing their job. What can I do?
I recommend you contact your insurance company and get your car fixed through the collision coverage. You may have to pay your deductible. However your insurance company will proceed to collect from the responsible parties and will refund your deductible. Otherwise, you have no choice but to file a lawsuit against the other driver and Lyft. Unless you were injured and have an attorney, you will have very difficult time pursuing this claim on your own.
My wife and I were in a wreck on New Years. The person ran a red light and hit us. We have a police report, a witness, and the driver was ticketed for running the light. But the person who hit us was in her boyfriends truck, and isnāt on his insurance. We have filed through their insurance, and their insurance company wonāt do anything till they get a statement from the driver, but the driver will not contact them. So we looked at going through our insurance, but our insurance said we canāt do that till their insurance say they arenāt liable witch they wonāt do ANYTHING till the get the drivers statement. So we really donāt know what to do, and would like any advice you may have. Thank you
This sounds like a pretty serious accident. Were you or your wife injured? If so, the best thing for you to do is contact my office to discuss this case privately.
It wasnāt that bad of a wreck our front end of our car is missing and we werenāt injured. Itās just extremely frustrating because we canāt do anything (so they say) until they get her statement, and she obviously isnāt going to cooperate.
It sounds like you are getting the run-around from your insurance too. If you had collision coverage, then they will cover the claim minus your deductible. If you had uninsured motorist coverage, then they will also cover the claim if the other carrier is not tendering coverage. Either way, you have the coverage. It sounds like you talked to your insurance agent rather than your actual company. Never ever ever take claims advice from your agent. Call your company directly and report the claim. Put the ball in their court.
I was in a accident on 2/11 and the person at fault insurance called me and asked me if anyone was injured I had said no even though I had minor pain on my neck that I was taking Tylenol. Now as of this Monday the pain as been getting worst, been getting headaches and back pain. Can I still do a personal injury claim, what are the likelihood that I can win?
Yes you can still file a claim. The likelihood you can win is not a question that can be answered at this point. You need to call me so I can get more details. Please do not post your details here as they can be viewed by other visitors.
I was hit in a parking lot and the driver admitted their fault but when I put it through my insurance the guy was in a work truck and the company wonāt give us their insurance companyās name. My insurance is trying to contact them but they wonāt give it up. What can I do?
Were you injured in the accident? If so, you should contact me to discuss your case further. If you were not injured, then I recommend you put the claim through your collision or uninsured motorist coverage. They will then go after the responsible parties for reimbursement. Once they get reimbursed, your insurance company will refund your deductible. Your insurance company has far more resources available to them to go after them and get compensated.
I was rear ended at he beginning of the month 2/8. Turn right at a yield sign. Neither party was injured and I had bumper and minor trunk damage. We exchanged insurance information. I have pictures with date and time stamps and photo of other drivers insurance card. (card shows it expired in Jan 2019). No police report was filed. As I was not aware one was needed since there were no injuries and both parties cars were drive able. I called my insurance and theirs that day and filed a claim. Mine was denied because I do not have collision insurance. A few days later I heard form other drivers insurance that their were coverage question for other driver. So I called my insurance and reopened my claim for uninsured motor property damages. My insurance is now saying they can not move forward until they hear from the other drivers insurance and the other drivers insurance is saying they are still investigating.
Hello, my husband was hit from behind by a tow truck when he was at a complete stop before making a U-turn on the freeway feeder. My husband’s car is a Mazda Miata so it is really small, the force applied to his car pushed him a few feet in front, and since the car was standard his clutch and his transmission were damaged because of the impact forward having it set on a speed shift. The bumper was completely damaged and his right light was destroyed as well, along with his paint job. At the time of the incident my husband was on his way to work and was in a hurry, he flagged down a police officer but he denied giving him a police report because he said it was minor damage. My husband asked for the driver’s driver’s license and his insurance but was instead provided with a permit about the company he worked for. A few days after contacting his insurance and the at fault drivers insurance, the owner of the company called his insurance to give a statement saying my husband was the one at fault stating he went on reverse on him even though he was not the one driving so he couldn’t possibly know if this was true or not. We tried to appeal his insurance’s decision but with no police report they were not cooperative. He has lost his job because we only have one car and he has to drop me off and pick me up from work. We are trying to file a claim in small claims court, but we really do not know how to proceed. His bumper damage, his light and the paint job are around 3,500 dollars in damages not counting the mechanical issues.
Hi there,
My car was parked outside my house, when a police chase led to a police car hitting the suspects car, which in return ended up crashing into my parked car.
The suspect was arrested straight after the crash and the police provided an incident report.
My insurance firm have been very slow and told me the other car’s insurer are holding out as the car was taken by the suspect without permission (I am assuming the parents own the car & he is not insured).
It has been almost 2 months now and have not been given any new updates, how long do you think I should wait, as I don’t want to make a claim through my own insurance as their excess fee policy is extremely high.
Also do you think I should pursue the police car insurer as well as they did cause the initial hit on the suspects car which hit my parked car.
Any advice would be great, thanks.
I assume this happened in Texas, If so, you cannot hold the police liable since they were in pursuit and are, therefore, immune from civil liability. Your only other option would be to sue the other driver or file the claim under your own insurance. I would file the claim under your own policy since you are going to regret getting into a long, drawn out legal battle
Your insurance cannot delay your claim indefinitely. At some point, they have to honor your uninsured motorist claim whether the other insurance company makes a determination or not.
Hi, my car was hit my someone who has insurance but I donāt. His insurance phoned me and confirmed (via police report) that both of us did not receive any accident ticket (fault). I am still confused because he was making a left turn, interrupting the dominant part of the traffic (straight). His insurance requested statement from me, supposedly in the morning but I havenāt get their call yet. Who determines faults? Is it required to talk to them? How can I come about getting compensation from the damage caused? Pretend that you are me…how would you deal with such a situation, knowing that someone who has insurance hits your car but you did not have insurance at that time?
I was the victim of a hit and run a few months ago on the highway I was in the right lane and a truck t-boned me I guess he was in the left lane lost control and hit my drivers side door. Ran us off the road and took off but I got his liscense first we called police got a report and hired a lawyer but the lawyer dropped the case because his insurance company said it was stolen, when I called them they said it wasnt stolen but there is no coverage for the vehicle I dont know what that means the adjuster just kept giving me an attitude saying there is no coverage, what should I do?
I was at a gas station this past Saturday, 02/22, where my parked car was hit by the person pulling out of the parking spot next to me. I was in my car with a passenger that I had with me, we watched the whole thing happen. The driver of the other vehicle pulled back in to his parking spot, he gave me his insurance information, told me there was no need to call police and asked to leave. I filed a claim with his insurance company that day and his insurance company still has yet to get in touch with him. His insurance company stated the person in my vehicle could not be used as a witness due to the fact she could be biased against the situation, which I understand. I explained to his insurance company the gas station has security cameras and they told me they had the incident on camera but the footage could only be released with a subpoena. The driver of the vehicle even said to me as he was giving me his insurance information, “I was on my phone and wasn’t even paying attention”. So I guess I just need to know what I should do if they fail to get ahold of the policy holder? Should I contact my own insurance, I do have full coverage but I really would like to avoid having to pay for anything.
You have two options: File under your insurance or sue the other driver in small claims court. I recommend you file on your insurance. You will have to pay your deductible. But it will be refunded when you insurance collects from the responsible parties. If you chose to sue the other driver, his insurance company will hire an attorney. I say go through your insurance and let them do the heavy lifting on getting reimbursement.
I was in the median, making a left hand turn onto the road (It was a two lane road going south and then a median between the two lane road going north). I was at a complete stop in the median, but then someone entered the median and hit the passenger side of my car and totaled my car. The police came on scene, took each of our statements, then determined the other driver was at fault. However, he is denying fault to his insurance company, and since there are no witnesses, his insurance company is taking his side and trying to say I am at fault. I don’t know what to do, other than take him to court. I had made two car payments out of 24 and because I don’t have a reliable mode of transportation, I am struggling going to work and have been unable to go to college for the past 3 weeks. What should I do to proceed?
Were you injured? If so, call me to discuss possible representation. If you were not injured, then my advice is to put the claim for your car through your insurance. If you had collision coverage, then you can get your car fixed or paid for. Your insurance will go after the responsible parties for reimbursement and refund your deductible when they collect. If you did not have collision coverage, then your only option is to file a lawsuit against the other driver. (You cannot sue his insurance company). But rest assured his insurance company will hire an attorney to represent the other driver. So, you should get some advice or help from an attorney if you decide to go that route.
I was rear ended by a tow truck when I was at a complete stop before making a U-Turn under the freeway. My car is small a Mazda Miata, the tow truck driver pushed me several feet in front and caused damage to my bumper, my paint, my back light, my transmission and my clutch. My repairs totaled up to about 5000 dollars. I made a statement with both insurances, the other driver admitted to me in person that he didn’t see my car because it was too small and he was distracted. when he made the statement to his insurance he changed his story telling them I had backed into him. He did not give me his license or his insurance card, I had to investigate what company was the tow truck with with my pictures. I need to take him to court because I need my car repaired. What can I do at this point? I still don’t know the drivers name, only the company he works for.
I have already sent you a direct email explaining your options. It’s never easy dealing with a tow-truck company. I wish you the best in handling your car wreck case.
I was in a car accident, a truck hit my car on the rear left bumper, I called the police. police came and made a report, but the name of our insurance company is not on the report. the police report only mention the policy # of his insurance. now I don’t how to get in touch with the other vehicle’s insurance. I filed a claim with my insurance and tried to see if they can locate it for me they haven’t come back to me. is there a way to get his insurance name or should I wait for?
Thatās strange. Did the police officer just make a mistake? If so, you might try to call the police officer. The officerās name and badge number should be in the report. Sometimes, you can plug the policy number in an internet search. The policy number can be indicative of which insurance company it is. Then again, your insurance company should also be able to look it up. If you email me at robertcslim@rcslawfirm.com, and give me the policy number, I might be able to help. You can also email me the entire police report. Please DO NOT post the policy number on this site!
My mom and I were on our way to work in the morning when one the people who shovel snow hit us. We had been going down the road when out of nowhere he hit us, didn’t put on his blinkers or anything just wasn’t paying attention. He wrecked the whole left side of my car as well the front and some of the back. Once we got out of the cars he had came up to us and said it was his fault and he wasn’t paying attention. However a officer did come and exchanged our information but a police report was never made. We went to the sheriffs office to go get one but they said they never made one because it was just an information exchange. The guys drivers insurance asked for pictures and we submitted them but are now asking for a police report however one was never issued, what can I do to get my claim and fix my car?
I was in the left lane waiting to turn when a car came out of nowhere and hit me head on. The officer did not take my statement. He said since l had to yield the right of way it’s automatically my fault. I was given a ticket for not yielding the right of way. The other driver had to be speeding because he hit me so hard my vehicle was in the far right lane. He also had to have weaved into my lane because l had not started to turn. I was in a Highlander and he was in a Kia sedan. He has filed a claim against my insurance and l also have collision. What should l do? I want to fight it, but if the insurance doesn’t pay the liability claim can he come after me personally? If l do nothing, l will be out $1000 deductible, higher insurance premiums and points off my license. I also injured my knee. What recourse do l have if any?
Hi Samantha, please contact me directly at robertcslime@rcslawfirm.com or give me a call at 214.321.8225
I can relate to some of the other individuals on here! Iām so frustrated right now. I was rear-ended on the day I was flying out of town. The lady tells me that she and her daughter were on the Univeristy website that she had just visited when they hit me….clearly she was being negligent. I asked her to stay so that I could file a police report and she quickly told me she had to pick up her son. I managed to get her to allow me to take a picture of her license, insurance and her vehicle. I still called the police and was trying to convince her to stay for the police but she insisted she had to leave. The police told me they couldnāt come out and file a report without her being present. I filed a claim with her insurance and uploaded the pictures I took of the two vehicles. At first they said it was a clear case that could be handled once they got in contact with their insured driver. The next call they told me if I didnāt have a picture of her insurance and license or a phone number for her, then it was unlikely they could do anything for me so I uploaded those pictures too and sent them her phone number she gave….which matched their records. The next call they tell me itās unlikely they can do anything for me because I donāt have a picture of the positions of the two cars to prove she was behind me. I then look back at my pictures and notice that you can see the reflection of my car in front of hers in the grill of her car so they tell me they would have to email her and wait for a response before they could do anything. In the next call they tell me they now have to send her a letter before they can assign fault. I am so frustrated. š I just want my car to be fixed so I can close my trunk again!! Why am I the one suffering for her NEGLIGENCE!
Unfortunately, your story is very common, especially in Texas. That is because the Texas Supreme Court has essentially handed the legal system over to the insurance companies. Additionally, Texas law does not impose any duties of good faith or fair dealing when it comes to handling automobile liability cases. At this point, your only option to get your car fixed in an efficient manner would be to put the claim through your insurance and let them enforce any collection efforts against the responsible parties. I really wish I had better news. The only solution to this dilemma is to vote for judges who are not backed or funded by insurance companies. That usually means voting for Democrat judges.
I was in an accident about 20 days ago. A car back into my door as he was leaving his parking spot. I had right of way since I was going straight and he was backing up. I decided not to call the police because he told me he didnāt want his insurance to go up. We agreed that he would pay for the damages and we would settle it between each other. I however did take a picture of his license, a picture of the cars position and damages, a video showing the position of the cars and finally i sent him a text message stating that I was the person that he backed up on with his car and he agreed. Fastforward to present day, I texted him asking for the money to repair my car and he now doesnāt want to pay for the repairs, furthermore he is now saying it was my fault. I read online that I only have 10 days after the accident to make a claim. I donāt exactly know what my next step should be. I want him to at least give me some money to pay for the dent he left on my car.
As for the 10-day deadline to file an insurance claim, I can only say that no such deadline exists under Tessa law. As for any other state, I do not know. As for the other driver, you have two options: 1. File the claim on you insurance, or; 2. File a small claims case against the other driver. I suggest you do option 1. Itās the least troublesome and your insurance will pursue collection of the repair costs as well as your deductible.
I had someone damage my rear left side of my bumper because he was forcibly trying to get into the left turn lane before he was clear to enter the lane. We traded info and made a police report on scene. I followed up and made a claim with his insurance because he never did. He was been uncooperative and because of this I had to repair through my insurance and pay a $600. My insurance will try and recover my money but the other insurance company is not the greatest and it’s unlikely my company will be successful. How long after the accident do I have to file a small claims case? Do I need legal advice?
You have two years from the date of the accident to file your case. But I would just stay in touch with your insurance adjuster on how they are coming along with they collection efforts. At some point, they will either collect, or will close the file and notify you of the same.
I was rear ended 3/22/19 leaving work. There was damage to my car and the other person’s car was damaged also.We exchanged information, without getting the police involved (big mistake). I went the hospital afterwards to get checked out. I have a neck and back strain. I am currently going to treatment several times a week as a result of the accident. I filed a claim with his insurance, an adjuster came out and assessed the damage. They initially totalled my car out,without even seeing it, but denied the property damage claim because it did not match what the adjuster sent in. The guy who hit me is not cooperating. He refuses to give a statement. My car is down because a hose popped lose from the accident. I am in a rental and I have to get my car towed to a shop to have repairs done…..all on MY OWN dime. I have a lawyer but at this point, Im having to spend money I dont have. This is all due to a guy rear ending my while I was at a light. What do you suggest?
Since you already have a personal injury lawyer, I would recommend you contact your lawyer. Likewise, I am hesitant to post anything online about your case.
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Hi, yesterday I was parked in a parking lot about to get out of my car, and this guy starts pulling out of his parking space in a rush and scratches the passenger side of my back door and back fender. we exchanged information, phone numbers, but sadly i did not get the cops involved because it seemed very minor and it was the first time i was ever in a situation like this. After he texted me asking if i would consider letting him pay for the damage instead of filing it to his insurance. i gave it some thought but then told him i would like to take a safer route and just go through the insurance, then he started being very persistent about letting him pay for the damage instead so it made me more skeptical, i did not want to get played. so i said no and can you please contact your insurance company within the 24 hours. ever since he has not replied and i have kept texting him asking if he has contacted his company yet. iām not too worried since i talked to the employees in the restaurants that were right in front of the parking spot where he crashed into me and they said they saw everything and how it was his fault. one even said he had gone into get a pizza (little caesers, one of the restaurants right in front of the parking space) and he seemed like he was in a huge rush, also i believe those buildings have cameras in front, not sure. what should i do now? should i call my insurance company so they can contact his? iāve never been in this situation before.
Thanks for explaining that suing the other driver means the insurance company will hire an attorney to represent them. My husband was in a car accident on his way home from work yesterday that was due to a distracted driver. I’m glad I read your article because you helped me see why hiring a lawyer will be important to keep both parties on even footing.
My brother’s car collided with a motorcycle and he wants to make sure that it will be repaired right away. It was explained here that the drivers should cooperate in order to pursue insurance claims. Moreover, it’s recommended to hire an experienced motor vehicle collision attorney for the best outcome.
I liked that you said that it is important to know your standing with your insurance company so that you make sure that you will be protected financially if you get in an accident. I would imagine that finding a good insurance company is crucial for acquiring good auto coverage. I will be sure to find out what my standing is with my auto insurance so that I know that I will be covered if something happens while driving.
It’s good to know that you need to cooperate with your insurance company to get the claim you are filing for. My sister was in a car accident the other day, and she wants to file a claim so that she can get money to fix her car. I’ll pass this information along to her so that she can cooperate with the insurance company to get all the help that she needs.
My husband and were in a car accident and the other driver was at fault and cited. Her insurance company claims they dont know if she has insurance she has gone to court for the ticket pled guilty and nothing has been done now they claim she is ignoring them and its been 3 weeks bills are pilling up we were injured his car is damage and no one has adjusted the damage of his car hes missing work. I am missing work. How is this legal
Thanks a bunch for sharing this with all folks you really understand what you’re speaking about! Bookmarked. Please also talk over with my web site =). We may have a link change arrangement between us!
Thanks for suggesting to hire an attorney if my car was hit and the drive denies to cooperate. Last night, some guy in our neighborhood hist my car because he was drunk driving. I will contact an attorney because he refuses to collaborate.
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