QuestionI was rear-ended at a red light on May 04, 2010. My car is a total loss. The other driver is covered by a very well-known and reputable national insurance company. A police report was issued finding the other driver at fault. I was injured and have an attorney handling the bodily injury portion. He advised me to handle the property damage. Here is my problem:
My car was towed to a daily-charge wrecker storage lot and is currently still there. The morning following the accident I obtained a copy of the police report and contacted the other driver's insurance company. She had not reported the accident; I did so and a claim number was issued to me.
I was unable to get a rental vehicle due to the fact that I had only liability on my vehicle and would be required to carry the full-coverage portion at a rate of $17.00 per day. I work and am a student on a budget. As a result, I still have no car to drive to work, nursing school or to the physical therapy I require as a result of the accident. I have resorted to all but hitch-hiking and there in no public transportation.
The biggest problem seems to be the fact that the insured party has still not contacted or responded to the insurance company. They do have a copy of the police report but have stated that they are required by law in the state of Oklahoma to give the insured 30 days attempt to contact before they can settle.
Two weeks ago I had the claim's department get specific by informing me that 30 days would be from the date of the accident. As of now they have amended that to be 30 business days from the day the accident was reported. I also received a letter from the insurance company which reads that since the matter is currently "under investigation", I "may be responsible" for the vehicle storage fees after May 19th (which is when the adjustor viewed the damage). It is an "unofficial total loss". The car sat for two weeks before that.
The claim's department stated that "under investigation" means that they are still attempting to contact their client. They use terms like "mitigating". Also, they have stated that they are not liable for any fees or damages during an investigation.
The question I would like to ask is: What are my rights? Also, am I legally responsible for any of the above?
AnswerHi Jennifer,
First you must understand that the insuranc company does not care about you at all. They are in business to find any means possible to not pay you. You should never trust a claims adjuster.
That having been said, you are required to mitigate your losses. Mitigate means to restrict or minimize. The vehicle is yours and is your responsibility. So theoretically that could try to have you pay for somne of the storage. However, even though they can say this, it is also possible that they could have moved the vehicle to a storage free location. Especially if the police report backs up your story and it is highly likely that they will be accepting liability.
You need to be more forcefull. Ask to speak to a manager. Tell them that if they do not either move your vehicle or pay all of the charges, you will simply turn it all over to your attorney to file suit against their insured. Never accept no for an answer. An insurance company can always do something, they simply chose not to to try to force you into accepting what they want to pay. You simply need ot let them know that you will not stand for it.
I hope this helps
Richard Hixenbaugh
