Robert C. Slim - Blog - The Other Driver Will Not Cooperate with the Insurance Company

 

It can be frustrating when the other driver will not contact or cooperate with the adjuster when you are trying to make a claim. I have so many people injured in car wrecks ask me about this situation.

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, they may need to speak with their driver in order to get their version. However, the other driver is not returning the adjuster's calls.

Where does this leave you?

The Driver's "Duty to Cooperate."

Every insurance policy has a "duty to cooperate" clause.  This means that any person seeking coverage under the policy must cooperate with the company's investigation and defense of the claim.  Failure to cooperate may be grounds for the insurance company to deny coverage.

Now, you may ask yourself, "I'm seeking coverage under the policy and I am cooperating.  Why am I not being covered?"  Technically, you are not seeking coverage under the policy.  When you are claiming that someone else is at fault, then your claim is one of legal liability against that person.  Since the policy is designed to protect the person who may be liable to you, then your claim is actually antagonistic to 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.  The "insured" is the person actually covered under the policy.  This may include the person specifically named in the policy or otherwise falling under the definition of a "covered person." 

Robert C. Slim - Blog - The Other Driver Will Not Cooperate with the Insurance Company

However, this definition does not include you!  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.  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.  This is one of the biggest myths of how liability insurance works.

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, not you.

Back to the "Duty to Cooperate."

This leads us back to my initial discussion about the duty to cooperate.  In order for the adjuster to protect their driver, they need the driver to cooperate in the investigation and defense of your claim.  If the adjuster is unable to speak with their driver about the accident, then the adjuster may not be able to properly investigate and handle the claim.

In the meantime, you are left hanging until their driver cooperates.

Where Does this Leave You?

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 someone 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 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. If filing suit is your only option, then small claims court might work best for you.

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.  Maybe there is a police report. Either way, you are at a disadvantage when dealing with the other driver's insurance company. That is why you should keep the option open to file the claim on your own policy.

 

Consult for FREE with Robert C. Slim

Robert C. Slim is only licensed to practice in Texas. If your case occurred outside of Texas, you should consult with an attorney in that jurisdiction.

291 Comments

  • Posted February 9, 2020

    Penny Jackson

    Just wanna say that you have a very nice web site. I like the layout too, it actually stands out.

  • Posted January 20, 2020

    Marion Biafore

    Nice blog and content, I really excited, thanks for share!

  • Posted July 31, 2019

    Eli Richardson

    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.

  • Posted July 25, 2019

    continue reading this..

    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!

  • Posted July 11, 2019

    Thomas Jameson

    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.

    • Posted July 30, 2019

      Tara

      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

  • Posted June 17, 2019

    Ashley Johnson

    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.

  • Posted June 17, 2019

    Gillian Babcock

    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.

  • Posted May 23, 2019

    Daphne Gilpin

    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.

  • Posted April 11, 2019

    Adrienne

    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. i’m 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? i’ve never been in this situation before.

  • Trackback: We Agreed Not to Exchange Insurance Information After a Car Accident? - Dallas/Fort Worth Accident & Injury Attorney

  • Posted April 2, 2019

    Larry

    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?

    • Posted April 2, 2019

      Robert C. Slim

      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.

  • Posted March 29, 2019

    Esmeralda

    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?

    • Posted March 29, 2019

      Robert C. Slim

      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.

  • Posted March 27, 2019

    Peter

    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 didn’t 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 doesn’t 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 don’t 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.

    • Posted March 27, 2019

      Robert C. Slim

      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. It’s the least troublesome and your insurance will pursue collection of the repair costs as well as your deductible.

  • Posted March 26, 2019

    Mari

    I can relate to some of the other individuals on here! I’m 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 couldn’t 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 didn’t 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 it’s unlikely they can do anything for me because I don’t 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. 🙁 I just want my car to be fixed so I can close my trunk again!! Why am I the one suffering for her NEGLIGENCE!

    • Posted March 26, 2019

      Robert C. Slim

      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.

  • Posted March 25, 2019

    Samantha

    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?

  • Posted March 24, 2019

    Ruben

    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?

  • Posted March 7, 2019

    Jocelyn

    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?

    • Posted March 7, 2019

      Robert C. Slim

      That’s strange. Did the police officer just make a mistake? If so, you might try to call the police officer. The officer’s 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!

  • Posted March 7, 2019

    Santos

    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.

    • Posted March 7, 2019

      Robert C. Slim

      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.

  • Posted March 6, 2019

    Kaitlyn

    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?

    • Posted March 7, 2019

      Robert C. Slim

      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.

  • Posted February 26, 2019

    Emily

    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.

    • Posted February 26, 2019

      Robert C. Slim

      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.

  • Posted February 25, 2019

    Joel

    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?

  • Posted February 25, 2019

    Lingard

    Hi, my car was hit my someone who has insurance but I don’t. 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 haven’t 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?

  • Posted February 25, 2019

    Al

    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.

    • Posted February 25, 2019

      Robert C. Slim

      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

      • Posted February 25, 2019

        Robert C. Slim

        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.

  • Posted February 25, 2019

    Karla

    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.

  • Posted February 23, 2019

    Becky

    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.

  • Posted February 20, 2019

    Tera

    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 won’t give us their insurance company’s name. My insurance is trying to contact them but they won’t give it up. What can I do?

    • Posted February 21, 2019

      Robert C. Slim

      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.

  • Posted February 20, 2019

    Perla

    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?

    • Posted February 20, 2019

      Robert C. Slim

      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.

  • Posted February 13, 2019

    Mark

    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 isn’t on his insurance. We have filed through their insurance, and their insurance company won’t 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 can’t do that till their insurance say they aren’t liable witch they won’t do ANYTHING till the get the drivers statement. So we really don’t know what to do, and would like any advice you may have. Thank you

    • Posted February 13, 2019

      Robert C. Slim

      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.

      • Posted February 14, 2019

        Mark

        It wasn’t that bad of a wreck our front end of our car is missing and we weren’t injured. It’s just extremely frustrating because we can’t do anything (so they say) until they get her statement, and she obviously isn’t going to cooperate.

        • Posted February 14, 2019

          Robert C. Slim

          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.

  • Posted February 12, 2019

    Fahmeda

    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?

    • Posted February 12, 2019

      Robert C. Slim

      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.

  • Posted February 7, 2019

    Taylor

    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 ?

  • Posted February 6, 2019

    nobel

    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.

    • Posted February 7, 2019

      Robert C. Slim

      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.

      • Posted February 7, 2019

        nobel

        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?

  • Posted February 6, 2019

    Mike

    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?

    • Posted February 6, 2019