Auto Insurance Claims: My parked car was hit, auto body shop, police police

Question
QUESTION: On 11/24/10 my parked car was hit by an 18 year old driver
while I was in bed.  When I got outside my car was 100ft in
the middle of the street from where I had parked it. She
didn’t have her car registration and/or car insurance
information with her. I did get her driver license info and
phone#.  She manages to hit the car parked behind me before
she rammed into my car. Another driver that was turning out
of the street where the accident happened saw the whole
thing. We called the police. Police report was filed. She
was arrested for DUI. Long story short, on 11/25 I got in
touch with the girls mom who gave me the car insurance
information. I filed a claim with their insurance company. I
then called my insurance company to notify them. I had my
car towed to an auto body shop since it had been parked in
the street for a couple of days. I rented a car on 11/28
which I had to return on 11/30. I’m now renting a car out of
my own pockets.  On 11/29 I received a missed call/v-mail
from the claim agent from their ins co. I called him back
within 15 mins. Left a message.  Throughout the whole day I
called him and left messages for a call back, but I had no
luck. I also left a message for my ins. co rep. The next day
my rep called me and got someone from the other ins. co on
the phone to help me. I then again gave them the story of
what happened. The rep says at this point they have to wait
for their insured to give her side of the story because they
haven’t reported the accident to the ins. co. They have at
least until 12/3 to claim liability for the accident. At
this point I’m just tired of having to wait and losing
sleep.  My car is destroyed. I’m renting a car out of my own
pockets and I have been waiting for over a week. I don’t
understand why I have to wait. My car was parked. I didn’t
do anything wrong. Is this process right or am I being
played? I’ve never been involved in an accident before.


ANSWER: Hi Judy,

It is typical that an insurance company would not accept liability until they speak with their insured.

You should call back the girls mom. Tell her that unless her daughter calls the insurance company immediately and gives a statement that you will have to get a lawyer. That may get things moving.

Also, the insurance company must make a determination based on available information within 30 days of the report. So it may help if you get a copy of the policy report and send it to the insurance company. It will indicate thet the driver was DUI and was at fault.

The at-fault persons insurance company will owe you for the rental car you paid for as well as for loss of use for any days you did not have a rental car at about $20.00 per day. You are also entitled to be paid for the diminished value of our car.

I hope this helps
Richard Hixenbaugh



---------- FOLLOW-UP ----------

QUESTION: I e-mailed them the police report on 12/3. The insurance company finally accepted liability for the accident. Their insured is 100% at fault. I'm then told that the claim has to be assigned to someone local. Monday 12/6 the new local claims adjuster sets an appointment up for someone to come out and take a look at my car on 12/8. They would have till the end of business day to do so. 12/8 comes around at 4pm I get a call stating the adjuster couldn't make it out today. They have it rescheduled for friday 12/10. Then I'll have to wait for them to process the information and if my car is totaled I have to wait some more. So it'll probably be 1 month or even longer till this is done. I can't afford to pay for a rental anymore. What am I supposed to do at this point? I have no car. How should I get to work or school. I really feel like this is dragging on. Is there anything I can do to get this done sooner?

Answer
Hi Judy,

Now that the insurance company has accepted 100% liability, they are responsible for paying for your rental car.

You should contact them immediately and demand that they set up a direct billing with the rental car agency. They are responsible to pay for your rental from the day of the accident until you vehicle is either repaired (if repairable) or until you receive a settlement check for the value of your car if it is determined to be a total loss. If they do not do this for any reason, you should contact your state insurance commissioners office to file a formal complaint.

I hope this helps
Richard Hixenbaugh