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Car insurance claim: at-fault driver refuses to speak to his own insurance company? (1 Viewer)

Doug B

Footballguy
Short version:

Happened in a big-box store parking lot, but not while parked. Happened while waiting for a few cars in front of me to proceed forward so I could leave the lot. My engine was on but I was braked and stationary.

While sitting in my stopped car, the vehicle ahead of me -- a pickup truck ~15 feet in front of my car -- decides to back into a parking space to the left of my car's rear bumper. I see what's up, and lay on my horn. The truck's driver hears nothing and gently backs into my cars bumper. His truck bumper was generally higher than my car's nose, so the damage was somewhat indirect -- a small, but deep, dent in my bumper plus scuffed and shallow dents in my hood and in my left front body panel. Headlight cover is scuffed but not cracked.

Anyway.

In our locale, residents are discouraged from calling police for minor traffic accidents (no injuries, no blocked traffic, vehicles still driveable). We're supposed to exchange information and handle it through our insurance companies. OK.

At the scene, other driver was fine. We exchanged information freely and both took photos of the scene, no hang-ups or attitude. We went on our way. We didn't talk to any witnesses (there were several) and didn't call the police (due to policy, they may not have come or may have taken a long time to arrive). We just left the scene after the information exchange and photos.

Two weeks later, and his insurance carrier (not a fly-by-night outfit, but a top 5 household name carrier in the U.S.) is delaying processing and payment of the claim because they say they haven't been able to speak to him in all this time. I've spoken to his carrier four times since the accident -- conducted two recorded interviews with their people, sent them a bunch of photos (including several showing other driver's license plate, make, and model in the frame), and mapped out the location, placement of vehicles, etc. of the accident for them.

My question is this: Does stonewalling his own insurance company do the other driver any good? His carrier tells me they can make a determination of liability without the other driver's input, but they want to give him 30 days to make a statement.

Anyone ever been in a situation like this? Not sure how much things vary state to state.

(Am I going through my own insurance company for the repairs? No, because the deductible is too high and the car is still driveable.)

 
did you file a claim with your insurance co.? if so, then they should be doing the legwork in dealing with getting payment from the other driver's insurance co.

 
did you file a claim with your insurance co.? if so, then they should be doing the legwork in dealing with getting payment from the other driver's insurance co.
Yes, I did file a claim with my own carrier right after the accident. I have not proceeded to get the repair work done because of the deductible, though.

Unfortunately, this is the kind of thing where it's not even close to worth it for me to get an attorney involved. If the other driver's carrier tells me to pound sand, I am SOL.

 
If the other driver is actually insured and it is obviously their fault then your recourse is to file with your own carrier.  They'll subrogate the claim to the other carrier and eventually refund your deductible. But I would be patient and only do that if you can't work it out directly with their carrier.

 
Yes, I did file a claim with my own carrier right after the accident. I have not proceeded to get the repair work done because of the deductible, though.

Unfortunately, this is the kind of thing where it's not even close to worth it for me to get an attorney involved. If the other driver's carrier tells me to pound sand, I am SOL.
yeah, i get the deductible part.

i'd call the other insurance company weekly, asking them when they're gonna schedule an appointment with their adjuster to evaluate the damage. 

be patient, and keep records of everything.

 
Private parking lots are in and of themselves tricky. Most insurance I've seen requires each driver to be responsible for their own regardless who was actually at fault. 

 
His insurance company is giving him 30 days to respond.  Nothing you can really do but wait.  Sucks, but that's the process.

I got rear-ended while stopped on the freeway in traffic.  My car was totaled.  Police came, filled out a report and determined the person who hit me was 100% at fault.  Our insurance companies took 8 months to close the case and make appropriate payouts.

 
Private parking lots are in and of themselves tricky. Most insurance I've seen requires each driver to be responsible for their own regardless who was actually at fault. 
Probably varies state-by-state, huh? So far as I know ... around here, a parking lot accident is largely treated the same as an accident on a public street.

 
Give me them 30 days. If you don't start to get traction tell them you are going to the Department of Insurance for your state as you believe that they are acting in bad faith. It seems pretty clear that the driver is trying to stonewall you by not telling his insurance company anything. 

 
Doug B said:
Probably varies state-by-state, huh? So far as I know ... around here, a parking lot accident is largely treated the same as an accident on a public street.
Could be. Hope it works out for you.

 
Ron Swanson said:
If the other driver is actually insured and it is obviously their fault then your recourse is to file with your own carrier.  They'll subrogate the claim to the other carrier and eventually refund your deductible. But I would be patient and only do that if you can't work it out directly with their carrier.
This, only I wouldn't wait.  

 
Last edited by a moderator:
Yes, this happened to me. A lady backed right up in to my parked car in the lot of my daughter's daycare. Same situation... no cops called, exchanged info and left. Gave statements to her insurance company and waited.

And to answer your other question: no, ignoring the situation did not do her any favors. Insurance company finally called me and said they couldn't get a hold of her and were just going to move ahead with the claim. I don't think they gave her 30 days, though. It's been a few years, but I want to say it was more like 2 weeks or so.

 
Your carrier is supposed to indemnify you. You shouldn't ever have to worry about the other driver's insurance process other than giving a statement.

 
Your carrier is supposed to indemnify you. You shouldn't ever have to worry about the other driver's insurance process other than giving a statement.
... except that I have to pay a deductible to get the repair done if I proceed with a claim with my insurance carrier. I might get that deductible back at some point in the future, or I might not.

 
UPDATE:

After the other driver's 30 days are up, he finally makes a statement to his insurance company. His insurance company decides to assign their insured 85% liability and me 15% liability.

This is shrewd on their part. Since I can't go through my own insurance company and pay the deductible out of pocket, they can get away with paying less than 100% of the damages. I am letting their adjuster work up an estimate on the repairs. They will cut me a check on the spot, and I can take that check to a friend-of-the-family body shop and see how much they can do for the amount rendered.

...

In retrospect, anything I can do in the future to head off this kind of stuff? Insist on the cops coming out and taking a report, I guess? Sucks that our local police make waiting on a non-injury traffic-accident report so onerous (4 hrs+ wait is typical) ... but when people are willing to dig in their heels and be dishonest, what can ya do?

...

Thought:

This might be me being naive ... but can I take the adjuster's check and not use it on the repair? We're looking to buy a new vehicle soon (not to replace the one involved in the accident), and the money from the insurance company would make the down payment a lot nicer. Last year, I went through almost this same exact scenario with this same insurance company -- once their adjuster cut me a check, they sent me on my way and never checked anything. I deposited the check into my back account and didn't pay for the repair until about two weeks later. Not sure whether or not it's common for people to not repair their vehicle and just use the money for something else -- or else, is that fraud?

 
It sounds like you already signed for the check so you definitely deposit it and not get your car fixed.

Did they provide any explanation on why you were 15% liable?  That is something I may have tried to fight.

 
UPDATE:

After the other driver's 30 days are up, he finally makes a statement to his insurance company. His insurance company decides to assign their insured 85% liability and me 15% liability.

This is shrewd on their part. Since I can't go through my own insurance company and pay the deductible out of pocket, they can get away with paying less than 100% of the damages. I am letting their adjuster work up an estimate on the repairs. They will cut me a check on the spot, and I can take that check to a friend-of-the-family body shop and see how much they can do for the amount rendered.

...

In retrospect, anything I can do in the future to head off this kind of stuff? Insist on the cops coming out and taking a report, I guess? Sucks that our local police make waiting on a non-injury traffic-accident report so onerous (4 hrs+ wait is typical) ... but when people are willing to dig in their heels and be dishonest, what can ya do?

...

Thought:

This might be me being naive ... but can I take the adjuster's check and not use it on the repair? We're looking to buy a new vehicle soon (not to replace the one involved in the accident), and the money from the insurance company would make the down payment a lot nicer. Last year, I went through almost this same exact scenario with this same insurance company -- once their adjuster cut me a check, they sent me on my way and never checked anything. I deposited the check into my back account and didn't pay for the repair until about two weeks later. Not sure whether or not it's common for people to not repair their vehicle and just use the money for something else -- or else, is that fraud?
Their decision on allocating liability is not binding on you. You should consider it an opening offer.  Your repair costs are only part of your damages.  You have other expenses such as driving around getting quotes, your time, perhaps you needed a rental car, etc. Your car may be somewhat diminished in value due to the repair, or a need to disclose the accident when you sell it. You most likely can't claim any pain at this point, but don't think your damages are limited to your repair bill.  I would get the estimate, and offer to give them a full/final release in consideration of 150% of your repair costs.  

 
berndog said:
It sounds like you already signed for the check so you definitely deposit it and not get your car fixed.

Did they provide any explanation on why you were 15% liable?  That is something I may have tried to fight.
No explanation as to how I was 15% liable. I asked, but the person on the phone was not knowledgeable enough to really tell me anything.

 
CletiusMaximus said:
Their decision on allocating liability is not binding on you. You should consider it an opening offer.  Your repair costs are only part of your damages.  You have other expenses such as driving around getting quotes, your time, perhaps you needed a rental car, etc. Your car may be somewhat diminished in value due to the repair, or a need to disclose the accident when you sell it. You most likely can't claim any pain at this point, but don't think your damages are limited to your repair bill.  I would get the estimate, and offer to give them a full/final release in consideration of 150% of your repair costs.  
All good points ... but I'm ready to close the book on this. The car's very much driveable, the damages are cosmetic.

I'm not in a position to dictate any terms to the other insurance company -- can't afford a lawyer when it costs $250 just to get a stern letter sent (have had to do this in recent years for another matter). Probably talking about $300-500 I'd stand to gain if the other insurance company changed their mind and paid for 100% of the damages. Don't want to throw a lot of time and money chasing a few hundred bucks.

 
You don't have to accept their offer right off.  Ask to discuss with someone that is knowledgeable about this and explain that you bear 0 responsibility and see where the conversation goes.

 
All good points ... but I'm ready to close the book on this. The car's very much driveable, the damages are cosmetic.

I'm not in a position to dictate any terms to the other insurance company -- can't afford a lawyer when it costs $250 just to get a stern letter sent (have had to do this in recent years for another matter). Probably talking about $300-500 I'd stand to gain if the other insurance company changed their mind and paid for 100% of the damages. Don't want to throw a lot of time and money chasing a few hundred bucks.
Totally understand, particularly given the amount at issue.  Just noting, the insurance companies love the fact most people are not confrontational with them and accept their offer as somehow being a final determination that can't be negotiated.  It won't cost you much trouble to simply counter-offer at a few hundred over his proposed settlement. You can be virtually certain he will not offer his top dollar authority out of the gate.  At minimum, you should be made whole for your full repair costs. GL

 
I have no idea why they think you are liable at all.  I wouldn't accept that.  Your insurance company should be handling all of this for you.  It's what you pay them for.

Mr R once ended up telling some hooplehead's insurance company agent how they ran into him in a parking lot.  Since the other party didn't bother to show up at the meeting, they paid it all.

I don't think you have to use the money to fix the car.

 
Have you talked to your insurance company?  If you’re not at fault shouldn’t they waive the deductible and cover 100%?

 

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