My husband and I were in a minor car accident at our local mall. The other driver was going too fast in the Mall parking lot, not paying attention, and struck the passenger side of my car.
Estimated Body Shop is $ 2,673.77, his insurance adjuster estimated damages of $ 1,732.09. He told me to call the manager asks in a few days.
She returned the call about ten days later, saying it was awaiting news of the other driver to finish handling my request, but he was in school all day (he is only the school 8-3) and would return to me.
Do not understand what about him had to do with them to pay to have my car repaired and after almost four weeks and hearing nothing of it, I faxed a letter stating that if I did not had a check as soon as I was going to continue.
My car was driven until the radiator is out, he was sitting in my driveway waiting for the insurance check if we can pay for mechanical problems while the wreck damage is fixed.
We had several thunderstorms and rain flows into my car to the damaged area is the carpet wet, it may have to be replaced. My husband and I shared our suburb where we spent an additional $ 100.00 gas every week until the insurance check. I will also need a rental car when my car goes into the shop, it will be cheaper than we have to share the suburbs.
I sent him a fax saying that I wanted the $ 1732.09 + $ 250.00 (car rental) + $ 200.00 (gas, it cost us to be slow) for a total of $ 2,182.09. He said if I did not get that very soon, then I was sueing the highest estimate for $ 250.00 + (car rental) + $ 200.00 in gas, which would be a total of $ 3,123.77.
He is now in the 7th week so that all these figures will increase by another $ 100.00. Finally got a message from her today and said she needed to talk to me about the demand for accountability.
What more does she need to know - its insured driver was at fault and they need to pay for my car to be fixed. It has been three months since the accident and they are dragging their feet, this is getting ridiculous.
asked Feb 29 '12 at 15:09
Be aware of what is happening here. The insurance company will tell you that you have a duty to mitigate your damages, which means that you can not let water damage your vehicle or you can not continue to drive the car until leakage of the radiator.
I know this is unfair because without money, you can not get your car fixed and they are dragging their feet to pay, so that you can not pay them. However, most courts put this heavy burden on you. You must be able to demonstrate that you do everything you can to avoid further loss.
You can fax a letter telling them that you have done everything you can, but their inability to get the subject matter has created this damage.
There is no question that the insurance company has dropped the ball here. They should talk to their client before they pay. It's as if your insurance company can not pay for any damages before you speak.
They have a duty to do so. Most states allow them to wait until 30 days before making a decision. It's really hard on the victims of the vehicle, but it happens today, and that's probably where the insurance company goes into hiding.
In this situation, you may want to contact your own insurance company and see if they pay for your damage (if you have a collision). you might not have this coverage, or if you have probably already do.
If you're at an impasse, and you are their thank you, you can 1. get a lawyer, or you can contact the Office of Insurance Commissioner in your state and notify the insurance company. Most people seem to have good results, because it gets the movement insurance company. You can do both.
One more note: If the setting is saying they want to talk about 'responsibility' request, they might very well think that you could be at fault (at least 1% at fault).
Follow up question:
The radiator has nothing to do with the car wreck, I just said that because of what the car is not drivable. As far as he fled the damage, I have no choice because I have nowhere does it take to that question is resolved, because I do not want to pay storage costs.
I am not allowing my full coverage insurance to pay for this when it clearly was not our fault. The police report clearly states that "Vehicle 2 (him) did not see his way clear before & struck a vehicle (us)."
At point blank, I did not ask to be hit or inconvenienced if I'm not paying anything & want compensation for the additional costs that I inncurred because of them being very slow.
I work for a lawyer, but I will contact the insurance commissioner first. Thank you for your time and response.
We can not agree more with you. When you are in a car accident (and you are the victim), it seems that you have to do a lot for your damages supported. You have been hit not fault of your own, but still, it seems that you have to beg to get the car fix.
Our answer above gives an overview of the insurance company may raise against you (which delays the payment). This does not mean they will. Contact the Office of Commissioner of Insurance is always a good solution. Be represented by a lawyer that you have access to every day (at work), is also an excellent tool to your advantage.
Certainly do not let them rush you. It seems like they do with just about everyone.
answered Feb 29 '12 at 15:09