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

Posted on 3/12/24 at 8:06 am to
Posted by Lake08
Member since Jun 2023
556 posts
Posted on 3/12/24 at 8:06 am to
Claim on your insurance and have both fight it out.
Posted by ChatGPT of LA
Member since Mar 2023
312 posts
Posted on 3/12/24 at 8:14 am to
You were not smart. Parking lots are private property and you're screwed. You have no proof if her being at fault and she has no burden to help you prove your case. Lawyer will cost you more than your claim. If you were in the truck, you could have a personal injury claim (wink wink) and an attorney might take your case.
Otherwise, it seems you're screwed.
Posted by HoustonGumbeauxGuy
Member since Jul 2011
29547 posts
Posted on 3/12/24 at 8:31 am to
Sue her

Why are you bitching in here?

Take her to the cleaners
Posted by Melkor
Member since Sep 2022
121 posts
Posted on 3/12/24 at 8:31 am to
Can second this regarding All State.

I was hit in an intersection as a guy ran the red light, crossed lanes, hit me and pulled off - all in front of an off duty cop. Cop called it in and they caught the guy down the road. He of course had no DL or insurance.

I had full coverage with All State. Brought the car in to get worked on but when going to pick it up, dealership is complaining that insurance won't pay and apparently, was a common theme with All State. We call All State and they told us they would pay the dealer for repairs only once they were done going after the uninsured guy whom hit me.

Took a bit of fighting & threatening to lawyer up but the dealer got paid, I got my car, and switched insurance immediately. We never use All State again.
Posted by Geauxld Finger
Baton Rouge
Member since Jan 2005
31735 posts
Posted on 3/12/24 at 8:39 am to
Should have recorded the woman indicating fault. Pretty hard to go against that, plus having her insurance and information
Posted by 3BlockUber
Member since Aug 2022
489 posts
Posted on 3/12/24 at 8:40 am to
quote:

Or they issue payment to the OP for your non cooperation then cancel your policy upon renewal.


Indeed. But you still didn’t talk to them, did you?
Posted by auisssa
Member since Feb 2010
4185 posts
Posted on 3/12/24 at 8:55 am to
quote:

Message
At Fault Driver refuses to cooperate with Insurance Co. by Tigerpaw123
File through your insurance, pay the deductible, let them fight it out and get your deductible back when they recover


This is what I had to end up doing. But haven't gotten the deductible back and probably won't.
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
58354 posts
Posted on 3/12/24 at 8:57 am to
No.

But you still have an at fault accident on your record and now you have to go find another insurance company.

Seems like answering the phone and confirming that you backed into someone would be a whole lot easier and you would save yourself from having to find another insurance company.

But hey you waste your own time I guess.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422585 posts
Posted on 3/12/24 at 8:58 am to
quote:

More than likely, as part of her insurance contract she’s required to assist the company in their investigation and handling of a claim.


A TX lawyer can correct me, but in TX, I think the insurance can walk away from liability if the insured is not cooperative.

That's one reason why we have direct action in LA.
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
58354 posts
Posted on 3/12/24 at 9:00 am to
Not familiar with all of the TX laws, thats why I said more than likely.
Posted by CleverUserName
Member since Oct 2016
12645 posts
Posted on 3/12/24 at 9:07 am to
quote:

My truck has the new aluminum body so I was quoted $3500 + a rental car for two weeks. Filed a claim through her Insurance AllState. No way she was paying $3,500.00 out of pocket.


Dunno. Some of these lil ole ladies have money packed away. They may have had husbands who worked for 40 years with a large retirement and life insurance on top of that.

My great aunt was very frugal and looked like a hobbit most of the time. But she was sitting on a mound of cash.
Posted by upgrade
Member since Jul 2011
13052 posts
Posted on 3/12/24 at 9:10 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.



At what point do the American people rise up and revolt against the fricking insurance companies. shite’s getting ridiculous.


Well you gotta have insurance. Because, well you just gotta have it. But you will get screwed over by them every chance they get.
Posted by WM88
West Monroe
Member since Aug 2004
1586 posts
Posted on 3/12/24 at 9:12 am to
My wife isn't a bitch. She old but not a bitch.

It's your fault for driving an aluminum vehicle.
Posted by The Torch
DFW The Dub
Member since Aug 2014
19307 posts
Posted on 3/12/24 at 9:19 am to
quote:

My wife isn't a bitch. She old but not a bitch.

She's also old and crusty AF

It's your fault for driving an aluminum vehicle.


I didn't even know it was aluminum until I had to try to find someone to fix it.

Posted by Weekend Warrior79
Member since Aug 2014
16417 posts
Posted on 3/12/24 at 9:33 am to
quote:

What happens when both parties have the same insurance company?

My anecdotal example (Progressive) is they fight you through the process and refuse to cover the bill until you pay the deductible. You fight that, they eventually pay, then jack up your rates at renewal.

I was in my car in a parking lot (car still parked). Girl was in her vehicle causing a scene, detail cop steps out to tell her something. She jams it in reverse and slams into me. Damaged both doors on the driver side and her trailer hitch was almost centered between both doors. The reason she slammed it in reverse was she thought she could get away since she was drunk and driving on a suspended license for a prior DUI. The reason the insurance company could not get in touch with her was she was stuck in jail for 30 days. She was also an excluded driver on her mom's policy.

I had my car in the shop the next day, and had the repairs done within 10 days. At first insurance refused to pay until I covered the deductible, I refused to turn in my rental util they covered the bill 100%. I ended up having the rental for close to 3 weeks before they finally paid, without talking to the at fault party.
Posted by DarkDrifter
Louisiana
Member since Aug 2011
2897 posts
Posted on 3/12/24 at 9:57 am to
quote:

Parking lot, no report


You can still have them write an incident report they just won't issue citations.
Posted by DarkDrifter
Louisiana
Member since Aug 2011
2897 posts
Posted on 3/12/24 at 9:59 am to
quote:

The Torch


Quick question, do you carry uninsured/underinsured motorist??

Because if so you can file a UM claim with your company they'll fix it then go after the at fault party especially if you have her info and admission of guilt.
Posted by chalmetteowl
Chalmette
Member since Jan 2008
47648 posts
Posted on 3/12/24 at 10:02 am to
quote:

$3500 and no injuries


“My back hurts”
Posted by classicgold
bfe
Member since Feb 2017
4695 posts
Posted on 3/12/24 at 10:03 am to
quote:

She drives a piece of crap with dents all over it


Probably so that she can keep $3500 cash on hand.
Posted by lsufan1971
Zachary
Member since Nov 2003
18282 posts
Posted on 3/12/24 at 10:07 am to
quote:

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


His insurance company isn't going to subrogate a claim of $3500. If it was 35K they would. It sucks but its the way the world works. I had a similar incident with someone that hit my wife's Pilot. We had a police report showing her at fault and she disputed with her insurance company and they denied our claim. It was $1700 in damage to her Honda pilot.
This post was edited on 3/12/24 at 10:07 am
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