QuestionOK, I dont have insurance. My car was totaled while it was parked (a 4 car accident). Noone is claiming fault, both drivers that hit my car have insurance, but the car my car hit does not. This was almost a month ago and the insurence companies wont call me back. I dont have a car right now, and I shouldn't have to suffer because it wasn't my fault. Do I need a lawyer? and should they pay for me to have a rental car??
AnswerYou can hire a lawyer, but the cost might not be worth it. It depends on how much your car was worth before the accident. You could also sue the other drivers in small claims court. A lawyer is not required to do this and the court personnel can help you through the process. This will certainly get the attention of the insurance companies, who will need to assign a lawyer to defend their customers.
If the insurance companies really are not returning your calls, that is an unfair claims practice and you should file a complaint with the state insurance department. You should also demand to speak to the claim supervisor for each claim rep that is not returning your calls.
Normally, they would owe you a rental car for a few days after they offer to settle your total loss. In this case it is less clear because (1) you did not have insurance and it was not legal for you to use the car that was damaged and (2) they are allowed some time to investigate.
But they need to make a decision regarding liability asap. I would say 2-3 weeks max is reasonable to complete their investigation, barring unusual curcumstances. It is clear that someone owes your damages, but it appears the two companies each believe it is the other.
If I were you, I would be calling each claim rep and/or their management every day until I got an answer. They will get so sick of hearing from you they will do everything they can to resolve the claim asap. Do not be rude or yell, but be polite and persistent.
