- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
Car insurance claim question
Posted on 10/15/15 at 10:08 am
Posted on 10/15/15 at 10:08 am
I was rear ended last week. Other driver was at fault and ticketed by police. I called his insurance the next morning to get the claim started. They stated they would get with me to schedule claim once the insured accepted liability. I understood as police incident report isn't available yet. Get a call a few days later and get estimate scheduled. After estimate, we try to schedule the actual repair and I'm told the insurance isn't covering until they get in contact with their driver to accept liability. I ask the adjuster, "what happens if he never answers, do we have to wait twp weeks for the police report?" He tells me it doesn't matter what the police report says, his insured has to accept liability or there will be an "investigstion". Said the report is just a 3rd party and since they weren't there, it's not the ultimate defining who's at fault document.
Is that normal? How can the police report not make it clear? There were no witnesses, so it becomes a my word against his. That sounds pretty sketchy to me.
Is that normal? How can the police report not make it clear? There were no witnesses, so it becomes a my word against his. That sounds pretty sketchy to me.
19
Posted on 10/15/15 at 10:10 am to KG6
a police report will be damning but they'll probably still do own "investigation" to confirm, just kick the other driver's arse.
Posted on 10/15/15 at 10:11 am to KG6
quote:
I ask the adjuster, "what happens if he never answers, do we have to wait twp weeks for the police report?" He tells me it doesn't matter what the police report says, his insured has to accept liability or there will be an "investigstion".
That's partly true, partly bullshite. The police report will have their insured's license number and VIN on it. That will be enough for his insurance company to go forward. That adjuster may be new and not fully understand the process yet. He's partly right but not completely.
If all else fails, go through your insurance and pay your deductible. Get it back after investigation.
Posted on 10/15/15 at 10:14 am to KG6
What company does he have?
Posted on 10/15/15 at 10:17 am to KG6
you need to file the claim with your company and let them take care of it or this is going to drag out for quite some time
Posted on 10/15/15 at 10:19 am to KG6
quote:
Is that normal? How can the police report not make it clear? There were no witnesses, so it becomes a my word against his. That sounds pretty sketchy to me.
The police report should be enough. Depending on which agency did the accident investigation the report may be available. If it is buy it and send a copy via certified letter asking for your property damage to be paid and to set up and rental car. If after that they deny liability lawyer up.
Posted on 10/15/15 at 10:19 am to TDsngumbo
I realize you can always argue fault after the point, so it's not like I think the police report is "final" and there is no way around it. But I never would have thought a company's policy would be to not pay. Except in the circumstance where their client told them that even though the report said he was at fault, he felt he wasnt. Guy who hit me was unbelievably nice and took full responsibility. But if he has a new number or just ignores the calls, am I stuck with a broke arse looking car because they couldn't get in touch with him?
If my car isn't in the shop within a few days of the police report becoming available, then I'm going through my insurance (and I might just get a neck ache....... not really going to do that).
If my car isn't in the shop within a few days of the police report becoming available, then I'm going through my insurance (and I might just get a neck ache....... not really going to do that).
This post was edited on 10/15/15 at 10:22 am
Posted on 10/15/15 at 10:22 am to KG6
quote:
But if he has a new number or just ignores the calls, am I stuck with a broke arse looking car because they couldn't get in touch with him?
no, but the company is doing their due diligence and trying to get a recorded statement
quote:
If my car isn't in the shop within a few days of the police report becoming available, then I'm going through my insurance (and I might just get a neck ache....... not really going to do that).
it can be a pain going solely through the at fault insureds insurance company.
Posted on 10/15/15 at 10:48 am to KG6
Lawyer Up
Posted on 10/15/15 at 10:55 am to KG6
The insurance company does an investigation for every accident. This includes taking statements from all drivers, witnesses (if any exist), photographing the involved vehicles, and obtaining the police report.
If they can get their drivers statement and yours, that may be enough to decide their driver is at fault and issue payment.
The problem with police reports is sometimes the officer will drop back and punt, saying he wasn't there and can't decide who was at fault (in a situation where both drivers say they have a green light, for instance). In your case it should be pretty straight forward and should be enough for the other drivers company to establish liability, especially if the other driver was so cooperative.
If they can get their drivers statement and yours, that may be enough to decide their driver is at fault and issue payment.
The problem with police reports is sometimes the officer will drop back and punt, saying he wasn't there and can't decide who was at fault (in a situation where both drivers say they have a green light, for instance). In your case it should be pretty straight forward and should be enough for the other drivers company to establish liability, especially if the other driver was so cooperative.
Posted on 10/15/15 at 10:56 am to Caymus
quote:
Lawyer Up
Before Vitter's tort reform prevents you from getting your car fixed
Posted on 10/15/15 at 11:03 am to CaptainsWafer
quote:
The problem with police reports is sometimes the officer will drop back and punt, saying he wasn't there and can't decide who was at fault (in a situation where both drivers say they have a green light, for instance).
Except that OP said he was rear ended, so liability shouldn't be an issue.
Posted on 10/15/15 at 11:03 am to KG6
Why don't you lawyer up and sue them for whatever his liability limits are? You can join the other piece of shits in this state that make our insurance the highest in the country.
I know i will when i get rear ended one day, and i could care less what anyone thinks of me for doing it.
I know i will when i get rear ended one day, and i could care less what anyone thinks of me for doing it.
Posted on 10/15/15 at 11:06 am to theronswanson
That's why I followed up that paragraph with this:
ETA There are situations where there person who does the rear ending isn't at fault. It's very rare, but it does happen. Point is, it's not an automatic at fault 100% of the time.
quote:
In your case it should be pretty straight forward and should be enough for the other drivers company to establish liability, especially if the other driver was so cooperative.
ETA There are situations where there person who does the rear ending isn't at fault. It's very rare, but it does happen. Point is, it's not an automatic at fault 100% of the time.
This post was edited on 10/15/15 at 11:08 am
Posted on 10/15/15 at 11:26 am to KG6
It's normal at least when I was a claims adjuster. Police report nor a ticket determine liability and the claims adjuster in this case isn't working for you, they are working for the party which you were involved in an accident. Louisiana is also a shared negligence state meaning one party could be 75% and the other party 25% negligent in an accident. It can be aggravating waiting to hear from the other driver but it's necessary on the other insurance company's part to to exhaust every means possible to reach their insured for a statement.
Posted on 10/15/15 at 11:50 am to KG6
This is why I just lawyer up every time.
Let the ambulance chaser get my money and I'll take care of the car and get reimbursed.
Let the ambulance chaser get my money and I'll take care of the car and get reimbursed.
Posted on 10/15/15 at 11:52 am to KG6
quote:
(and I might just get a neck ache....... not really going to do that).
My fiance hit a person at 5mph, no airbags, no real damage and still got sued.
If I get rear ended I'm suing.
Just the way it is.
Posted on 10/15/15 at 11:54 am to TeddyPadillac
quote:
I know i will when i get rear ended one day, and i could care less what anyone thinks of me for doing it.
That's how I see it.
I had a friend borrow my car, get in a wreck (not his fault) I got the money for the car and he got $20,000.
I'll take that. shite.
I carry a high limit now, I'll sue myself too.
Posted on 10/15/15 at 12:08 pm to Napoleon
Did the other person get an attorney and file an actual lawsuit, or just get an attorney?
Hiring an attorney to represent you in a claim is not suing someone.
Hiring an attorney to represent you in a claim is not suing someone.
Posted on 10/15/15 at 12:12 pm to KG6
What insurance company?
This happened to my GF and she called the next day, they gave her the run around, she called State Farm (her company) and the at fault driver's insurance accepted liability within 48 hours after she let SF handle the claim. The at fault driver never contacted his insurance and they never officially accepted liability (the driver) but the insurance company did.
This happened to my GF and she called the next day, they gave her the run around, she called State Farm (her company) and the at fault driver's insurance accepted liability within 48 hours after she let SF handle the claim. The at fault driver never contacted his insurance and they never officially accepted liability (the driver) but the insurance company did.
This post was edited on 10/15/15 at 12:14 pm
Page 1 of 4
Back to top
Follow TigerDroppings for LSU Football News