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2011年8月1日星期一

Car Accident. The person in fault is not answering insurance calls!? I was waiting for the light to become gre?

-I was waiting for the light to become green and a car hit me from back. I did call the police and police officer showed up and we just exchanged info. I did claim with the other person鈥檚 insurance company and they sent someone to make estimate of my damage ($800). Now, I still did not get my payment, called back the insurance company but they said 鈥淭hey cannot contact the other person to hear her story about the accident鈥?so they can not send the payment!



What kind of scam is that? If they were not able to get in touch with other person why they sent their person to get an estimate on my car?

And also police was there as well.

So whats gonna happen now? Can they keep not paying me because they cant talk to other person?



What should I do now?You're not "entitled" to a payment from the other person's policy. You're only "entitled" to what you bought - coverage under YOUR policy.



Nothing happens, now, unless you either file a claim under YOUR policy, or SUE the other person in court.



Just like yesterday, when you asked. If you don't sue the other person, and you don't have collision coverage, absolutely NOTHING is going to happen. It's not a scam. You don't get what you don't pay for.
If you sue the person, and only the person, and not the insurance company, and you win, then the insurance company must pay you, even if they can talk to the person.



If you do not sue, then the insurance comes does not have to pay.

If you sue only the insurance company, and not the person, then the insurance company does not have to pay you.

If you sue and you lose, then the insurance company does not have to pay.



You have two options:

a. Keep waiting, or

b. Sue the person (not the insurance company).
It's not a scam at all.



Think about it this way....someone files a claim against your policy saying you damaged their car. Your insurance company never talks to you to ask you about it and just pays the guy. You'd be madder than H*ll. Well, his company has to do the same thing. Touch base with him and confirm what happened.



The police were there but you just exchanged information. Was a police report written? If so, go to the police station and pick up a copy of the crash report and send it to the insurance company. The insurance company has to request the crash report by mail so it can take several weeks or longer for them to get it. Since you're local....help yourself by helping them and go pick up a copy of the crash report.



If no crash report was written....big hairy deal the police came. Does not mean much. There's no report.



If you have collision coverage on your car - go ahead and file a claim against your collision. Your company will then subrogate (go back against the other company for repayment). If they are successful in getting paid back they will collect the money they paid and your deductible. Once they get paid - they forward your deductible to you.
You should call your insurance company now and have them go after the other insurance company on your behalf. It would have been smarter to report the accident to your insurance company to begin with. If the other driver was at fault your insurance rep can haggle with the other driver's insurance company and get them to do their job. The insurance company most likely will not pay you directly. They will probably pay the collision shop after they approve what they will or will not pay for. It may take a week or two to get this resolved, but in the end you should be able to have your car repaired at no cost to you.

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