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re: At Fault Driver refuses to cooperate with Insurance Co.

Posted on 3/12/24 at 7:45 am to
Posted by jmarto1
Houma, LA/ Las Vegas, NV
Member since Mar 2008
33979 posts
Posted on 3/12/24 at 7:45 am to
quote:


File through your insurance, pay the deductible, let them fight it out and get your deductible back when they recover


Same.exact issue for me and this is what I did. It was worth the $500 not to have to deal with her
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
58356 posts
Posted on 3/12/24 at 7:45 am to
File collision claim, pay deductible to the shop, and let your insurance company collect your deductible, and what they’ve paid from the other company when their client decides to cooperate.
Posted by alajones
Huntsvegas
Member since Oct 2005
34487 posts
Posted on 3/12/24 at 7:45 am to
quote:

File through your insurance, pay the deductible, let them fight it out and get your deductible back when they recover
I’m not sure if you have experience with this, but I do. USAA tried for about five seconds to recover the money and went about their lives. They said I had to file a civil suit to get my deductible back.

OP, call her insurance and threaten to hire a lawyer. We’ve had to do that when State Farm was dragging their feet for months after a girl hit my son while he was on his bike.
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
18290 posts
Posted on 3/12/24 at 7:46 am to
quote:

I got a refund pretty quick, I want to say within 60 days or so.


I was in an accident where the other driver was 100% at fault, complete with a police report, and I've been waiting on my deductible reimbursement since September
Posted by The Torch
DFW The Dub
Member since Aug 2014
19308 posts
Posted on 3/12/24 at 7:46 am to
quote:

You didn't even tell her the estimate before you called insurance when she specifically asked you to do that?


She lives in my neighborhood with her daughter so I see her frequently, no way she's paying $3,500.00. Her vehicle is barely worth that.

She drives a piece of crap with dents all over it
Posted by LSU
Houston
Member since Oct 2003
8836 posts
Posted on 3/12/24 at 7:46 am to
quote:

At Fault Driver refuses to cooperate with Insurance Co.


I've been a victim of this on two separate occasions. Both drivers were also insured by Allstate.

Allstate refused to acknowledge fault of their drivers even though the police report clearly showed they were at fault in both cases. Both drivers even admitted it to me at the scene as well, but then changed their stories later.

I had to take one all the way to court & the other went to arbitration, but I won both cases several months after each incident occurred.

I will never be an Allstate customer under any circumstances. They suck!
Posted by MorbidTheClown
Baton Rouge
Member since Jan 2015
66007 posts
Posted on 3/12/24 at 7:47 am to
quote:

File through your insurance, pay the deductible, let them fight it out and get your deductible back when they recover


this right here.

Got hit by a State Farm customer in 2022 and they tried the "well we can't get in contact with our policy holder so, we can't approve payment" thing.

called one of the local agents and talked to them about it. when they said the same can't get in contact line. i said well let's see if my lawyer can get in contact.


an hour later i got a call saying they talked to their customer and now they can pay.


It's a damned shame people have to be threatened before they do what's right.



This post was edited on 3/13/24 at 7:49 am
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
57245 posts
Posted on 3/12/24 at 7:48 am to
quote:

Nobody can force you to talk unless you’re in a courtroom. We have freedom. Never talk to insurance companies, especially when it’s not your fault.


Did you read the original post?
Posted by 3BlockUber
Member since Aug 2022
489 posts
Posted on 3/12/24 at 7:48 am to
quote:

Did you ready any of the OP?


Yes. The woman is not obligated to talk to her insurance company even though she was at fault. What did you not understand?
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
16473 posts
Posted on 3/12/24 at 7:50 am to
quote:

You think a lawyer is going to take a $3500 property damage claim?


Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
58356 posts
Posted on 3/12/24 at 7:50 am to
quote:

The woman is not obligated to talk to her insurance company even though she was at fault.


More than likely, as part of her insurance contract she’s required to assist the company in their investigation and handling of a claim.
Posted by GeauxGutsy
Member since Jul 2017
4719 posts
Posted on 3/12/24 at 7:52 am to
quote:

She drives a piece of crap with dents all over it


At least she had insurance. Don’t forget to claim depreciation, since your vehicle now wrecked/damaged.
Posted by chryso
Baton Rouge
Member since Jul 2008
11881 posts
Posted on 3/12/24 at 7:53 am to
quote:

She lives in my neighborhood with her daughter so I see her frequently, no way she's paying $3,500.00. Her vehicle is barely worth that.

Warren Buffet drives a 10 year old car.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
27563 posts
Posted on 3/12/24 at 7:53 am to
444-4444
Posted by 3BlockUber
Member since Aug 2022
489 posts
Posted on 3/12/24 at 7:54 am to
You have a contract that says you have to talk and you refuse. So your insurance company would need to get you in court to talk. As I originally said, the only way to make someone talk is in a courtroom.
Posted by Tarps99
Lafourche Parish
Member since Apr 2017
7451 posts
Posted on 3/12/24 at 7:54 am to
quote:

"well we can't get in contact with our policy holder so, we can't approve payment"



What happens when both parties have the same insurance company?

I imagine it looks like this:

Posted by BruslyTiger
Waiting on 420...
Member since Oct 2003
4610 posts
Posted on 3/12/24 at 7:55 am to
quote:

Some old B%^&ch backed into my 2023 F150 putting about a two foot dent in it.

This was in a parking lot

Most insurance will require you to do 50 / 50 in a parking lot accident.

quote:

admitted fault, she gave me a picture of her insurance and later left a note of my window (again) admitting fault but asking if she could pay out of pocket.

If you have the note you might be able to get it covered 100%, but you may have to prove she wrote the note.

I was in an accident where someone made an unprotect left in from of me and I t-boned them. They provided a insurance card that was not valid, but didn't know at the time.

Long story short: I went through my State Farm and paid the deductible. 4-5 years later I received a check from SF stating that they tracked them down and successfully sued them to recover the claim.
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
58356 posts
Posted on 3/12/24 at 7:56 am to
Or they issue payment to the OP for your non cooperation then cancel your policy upon renewal.
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
71426 posts
Posted on 3/12/24 at 7:58 am to
quote:

The adjuster called and left me a message stating they would not be able to pay the claim because their client will not call them back.


Normally I think people are sue happy, but I'd get a lawyer at this point. This is laughable.

But I'm ignorant on this subject, and would probably go through my own insurance first after reading the replies in this thread.
This post was edited on 3/12/24 at 8:02 am
Posted by nismosao
Slidell
Member since Mar 2008
895 posts
Posted on 3/12/24 at 8:00 am to
quote:

The adjuster called and left me a message stating they would not be able to pay the claim because their client will not call them back.

What kind of bullshite is this ?


I just went through the same thing a year ago. I did have the police come out for mine, but he didn't write a report. When their insurance adjuster kept telling me they couldn't do anything because their client wouldn't answer, I found the responding officer on Facebook. I called him through messenger, and he went over to ole boys house. Didn't take long for him to call back the adjuster after that.
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