Advice for dealing with the auto insurance company?

[Dan Friedrichs]

LOML was hit by an unlicensed driver (who, strangely enough, did have insurance). Minor body damage. The other driver was at fault, and was cited for the accident. Now I'm trying to file a claim with their insurance.

Any advice on how to deal with these people? I know I'm not their policyholder, so their goal is to get rid of me while spending as little money as possible, but they are being ridiculous. For instance, the impact bent the hood hinges, and cracked the windshield. They refuse to include a new windshield in the damage estimate because their "in house appraiser" who has never seen the vehicle (or even a picture of it!) said that windshield damage was "inconsistent".

Likewise, their repair estimate is about 2/3 what the bodyshops said. They seem totally unwilling to negotiate, as well. Any suggestions or wisdom from people who have gone through this before?

[Ron Jones near Indy]

Sounds like it's time to involve your insurance company. I believe they will work on your interests while collecting for their efforts at the same time. I believe your relationship with your agent may hold the key to your success.

[Ken Fitzgerald]

Ron is right.

Contact your insurance agent and get them involved.

[Mitchell Andrus]

Ron is right.

Contact your insurance agent and get them involved.

+1. Your insurance co. should handle this for you. That's what you pay them for.
.

[Tony De Masi]

Listen to your elders on this one Dan. Get YOUR insurer involved.

Tony

[Dan Friedrichs]

I was trying to be stubborn and insist that the other pary's insurer take care of everything, since the other party was found 100% liable. On principle, I don't think my insurance should have anything to do with it. However, I suppose in reality, they may need to....

[Jerry Bruette]

Your insurance should pay for the repairs and then recoup them from the other party.

At least that's what mine tried to do when my daughter was hit by an unlicensed/uninsured driver, they didn't have any luck and neither did I. You should be O.K. though if another insurance company is involved.

Jerry

[Ron Jones near Indy]

Your insurance should pay for the repairs and then recoup them from the other party.

At least that's what mine tried to do when my daughter was hit by an unlicensed/uninsured driver, they didn't have any luck and neither did I. You should be O.K. though if another insurance company is involved.

Jerry

Were you or she paying for uninsured motorist coverage? It would have covered you/her.

[Jim Becker]

Dan, unless your state insurance laws are different than around here, absolutely use your own insurance to deal with the repairs properly and let them go after the other party. You may need to front your deductible temporarily, but once they recover, you'll get that back. Since the accident isn't "chargeable" to you, it also shouldn't affect your premiums, either.

This is exactly how I handled the major accident with my Highlander Hybrid Limited a few years ago. $25K worth of damage. The dude in the last car of this multi-car pileup got the nod for "fault". While his insurance company wanted to talk to me really bad...I let Progressive deal with it. And they did. I also had a rental vehicle for a month at no cost to me, either. (actually several cars over more than an actual month due to my travel schedule...I'd turn it in when I left on the big plane and pick up another one on return. 'Got my whole 30 days in that way! LOL)

[Tom Godley]

There are many parts of a policy. If you have comprehensive insurance on your car you are paying your insurance company to repair your car regardless of the circumstances of the damage or fault. They take car of you according to the policy you have with them. Part of the premium you are paying is for them to take care of this for you.

If you do not have insurance covering physical damage to your car you must go to the other drivers insurance company and deal with them directly -- you are now on the liability portion of his policy. If it is agreed it is his fault they should pick up all costs and provide a rental. If he is underinsured -- it falls back on your policy (if you bought underinsured - underinsured) to cover the uninsured portion of the loss.

Non of this is the bodily injury portion of the policy

[Cliff Rohrabacher]

your insurance company is also a stake holder against your interest.
They are invested in not paying you any more than they have to.

Get a lawyer.

[Jim Terrill]

Dan, unless your state insurance laws are different than around here, absolutely use your own insurance to deal with the repairs properly and let them go after the other party. You may need to front your deductible temporarily, but once they recover, you'll get that back. Since the accident isn't "chargeable" to you, it also shouldn't affect your premiums, either.

This is exactly how I handled the major accident with my Highlander Hybrid Limited a few years ago. $25K worth of damage. The dude in the last car of this multi-car pileup got the nod for "fault". While his insurance company wanted to talk to me really bad...I let Progressive deal with it. And they did. I also had a rental vehicle for a month at no cost to me, either. (actually several cars over more than an actual month due to my travel schedule...I'd turn it in when I left on the big plane and pick up another one on return. 'Got my whole 30 days in that way! LOL)

Jim, your post reminds me of this past fall, when we were coming out of Boston, less than an hour after I got home from 3 months overseas on a studyabroad trip. The pickup never saw that the traffic slowed, plowed into the benz which hit us. Everyone was wearing seatbelts and walked away from it, but we had 5K in damage and AFAIK the benz was declared a total loss. Both our car and the one who caused the crash were on Liberty Mutual, we called them and got our claim in right away in case his policy maximum would not cover our damage, his damage and the benz he wrecked, but they took care of everything, so to the OP, I would get your insurance involved, since it's what you pay for, whether it is your fault or not. The pictures are on the Mass Pike at about 5pm, the fire dept was there in <5 minutes, tow truck in the same and police in <10 minutes. Our car was the only one that could be driven off, the other two were flatbedded out.

[Van Huskey]

your insurance company is also a stake holder against your interest.
They are invested in not paying you any more than they have to.

Get a lawyer.


Poor advise IMNSHO. Who is going to pay the attorney, this isn't a case they will take for a percentage of recovery, attorneys HATE PD (property damage) claims and will reluctantly do them if there is a PI (personal injury) case involved, of certainly fee for service BUT that lamost NEVER makes fiscal sense.

This is simple use your insurance then they will subrogate the claim with the other carrier.

I find it interesting how people pay for insurance month after month, year after year but are so reluctant to use them when they need to. ANYTIME you are in an accident use YOUR carrier to take care of you, thats what you pay for, if the accident is one that they can legally raise your rates on it your state they will, whether you use them or not.

[Joe Chritz]

I can only assume that your state is not a no-fault state.

Michigan is no fault insurance so your company pays for damages and then does the work to re couple any money from the other party or other parties insurance.

Unlicensed or suspended drivers (I like the term respended as in denied, revoked or suspended) often have insurance from other people driving their vehicles or borrow vehicles to drive that have insurance. That part isn't to unusual.

I would talk it over with your agent or rep first. You could also get ahold of the claim agent for the other insurance and ask who the attorney can contact if they still refuse to satisfy the claim. It is likely a small enough amount for them that it is easier to pay you to go away then worry about possibly paying some court / attorney fees in a suit.

Joe

[Joel Goodman]

+1 on get your insurance agent to handle it. I had a similar situation except it was a licensed driver and they got a ticket from a cop at the accident. I had a police report etc and my car was drivable. After 3 months of stalls I had my insurance handle it -- I had reported the accident to them at the time. They told me that the other company was notorious for stalling claims but wouldn't do it with another major insurance company. Also they told me that driving my car gave the other insurance company no incentive to get it resolved no rental car costs were building up. Sad, but without lawyers on staff, which your insurance company has, nothing gets done.

[Kent A Bathurst]

I was trying to be stubborn and insist that the other pary's insurer take care of everything, since the other party was found 100% liable. On principle, I don't think my insurance should have anything to do with it. However, I suppose in reality, they may need to....

Wellll....making a stand on principle is appealing, I admit. Onnnnn the other hand, I generally do that only in politics - Unless you are facing the Roman phalanx and your name is King Pyrrhus, then you might want to decide if this is (a) a business issue, or if (b) you are simply motivated by wanting to stick it to the other guys.

I'd honestly be in favor of Plan B myself, but then I end up tending to drift more toward the "I ain't got the time to deal with this s*** - let the people I pay - for this very reason - handle it" end of the time-space continuum. In all honesty, the LOML is the primary driver in my movement. I don't come by it naturally, for darn sure.

Reality is a b****, no doubt about it - gets in my way a LOT ;)

[Dave Lehnert]

I was in an accident by a girl who did not have a valid license but did have insurance. State Trooper told me her insurance would be no good because she did not have a license. Insurance was only valid for licensed drivers.

My insurance took care of everything. They paid for my damages then sued the girl to recover.

[Cliff Rohrabacher]

Poor advise IMNSHO. Who is going to pay the attorney, .

I am biased being an attorney. But then I'm familiar with all the games played with the consumer who goes to a gun fight carrying optimism and hope.

[Dan Friedrichs]

Thank you all for the thoughtful replies.

The other driver's insurance is apparently being honored, despite her lack of license. That company is paying for the damage, but being tremendously difficult to deal with (things along the lines of: "Well, we can't do anything until we get the police report, which will take 2-4 weeks". I went and got one, faxed it to them, and called them back a half hour later. 2-4 weeks? BS.)

I took the advice many of you offered, and contacted my insurer (the vehicle does have comp/collision on it), but surprisingly, they said, "Well, if the other driver is at fault, you really should file a claim with their liability policy, not us...". This is State Farm, too - not some fly-by-night operation. I suspect the particular agent I spoke with was just unusually unhelpful, and will try calling again if necessary.

[Tom Godley]

Dan -- You are going about this all backwards. None of this is your responsibility. Your car was damaged -- you have a policy that covers this damage -- your policy pays for the damage and normally a rental for the time it is in the shop. If the loss was truly the fault of the other person you will eventually get your own deductible back.


All of this calling around and lost week is not your responsibility. It does not matter if the other driver was licensed or not -- he had insurance. Being licensed and having insurance are two different things. If he was uninsured -- that would be different -- but not for the damage to your car -- You have a policy.

Also -- the agent is not the insurance company -- many times it is necessary to talk directly to your insurance company.

[bob svoboda]

I deal with this all the time as part of my profession. The advice to contact your company is sound. That IS what you pay them for and their job is to look out for your best interests in this sort of case

[Lee Schierer]

I was trying to be stubborn and insist that the other pary's insurer take care of everything, since the other party was found 100% liable. On principle, I don't think my insurance should have anything to do with it. However, I suppose in reality, they may need to....

Failure to report an accident to your insurer can be cause for cancellation. Call them, pay your deductible and let them sort out the claim with the other company. If they get all their money you should get your deductible back too.