QuestionThe accident happened in a parking lot and is in Arizona if that makes a difference. I was at a complete stop waiting for the other driver to back out of a spot so I could pull in. The driver continued backing up and backed into the front of my truck even as I was honking to try and get his attention. At first I thought the guy was going to drive off as he pulled forward a little then stopped for a second before pulling back into the parking spot. The first thing he said was he was in a hurry and need to leave as my truck was parked directly behind his car I knew he couldn't leave and when into the store and grabbed paper a pen to get his information. While he wrote down his address phone number drivers license number and insurance information I called the local police but was told that since it was considered private property and no injuries there was nothing they could do and wouldn't come out to take a report. I took pictures using my phone of both his car and my truck including his license plate. Damage to his car was just a small dent in the bumper. my trucks bumper was bent back a fog light broken and the hood and left fender were either bent or just out of alignment and the grill was broken. The guy accepted it was his fault at the time and said he would contact his insurance company. He didn't take any of my information and didn't want to when I asked him if he wanted it. After he left and before I even left the parking lot I called my insurance company to start the claim and ask if it had to be towed since the bumper was touching the tire of if it was acceptable to pull the bumper out to make it drivable which they said was fine. At that point I drove home and called my insurance to see how to proceed. They took all the information and connected me to the other drivers insurance co to file the claim with them. The took a recorded statement and scheduled to get an estimate done on repairs and said they now needed to wait to contact the other guy and get his statement before they could continue the claim. That was two weeks ago. The guy has not answered the phone or returned any messages they have left. They said they are going to continue attempting to call and send him a letter to respond but if he hasn't after 30days they will just close the claim and I have no other options of them taking care of it and would have to go through my insurance. Which brings me to my questions. What options do I have if he continues to just ignore his insurance co? I cant see how someone can just ignore the problem and have it closed with no resolution of any kind. Am I left with only going through my insurance or are there other options of still going through his insurance? the damage estimate was almost $2000 and my deductible is $1000. In your opinion since there is no police report or other witnesses, unless my dog can testify, would it even be worth the time money and effort to get a lawyer and take the guy to court to try and get reimbursed if i have to use my insurance to get the repairs done? If yes, again in your opinion, would it be acceptable before or after talking with an attorney to send the guy a polite letter basically saying that if he doesn't contact his insurance to resolve it that I have already contacted an attorney to take him to court over it? Any other advise or help you have to offer would be greatly appreciated. Sorry it is so long and thank you in advance for your time.
AnswerHello Scott,
Sorry for the delay, it was unavoidable. Hope it has not added to your dilemma.
You know, this is a problem that I have seen on far too many occasions, and I am always amazed.
The short answer is this - insurance companies do not have the luxury of failing at their duties because their insured chooses not to cooperate. Think about it. If you just "don't want" to own up to an at fault accident, then the easiest thing to do is to just ignore it! Don't return calls, and make the other guy suffer. Of course, this makes absolutely no sense. And that is why the scenario is so completely ridiculous!
Here's is what is supposed to occur. The adjuster assigned has to conduct an actual investigation! Now if his/her insured refuses to cooperate, that adjuster needs to consider other evidence. Since there is no police report (and you got the raw deal on that, by the way), the adjuster needs to take a look at the damages. Are they consistent with your statement? Then, if they really wanted to, they could compel their insured to appear via testimony at an Examination Under Oath. Practically speaking, this is not a cost effective option for such a minor accident, but it is nonetheless an option. In any event, they need to impress their insured with the importance of cooperation - which is required under his policy by the way.
Now, assuming the insured simply refuses to cooperate, they need to make a decision. Yes, their duty is to protect their insured, but this also includes not exposing the insured to litigation because of their failure. For a $2000 claim - unless the damages are genuinely inconclusive, it is probably a real good idea for them to pay your claim. Not to mention the fact that the insured's non-cooperation speaks for itself.
I would be persistent with the adjuster. Call everyday if necessary. If the stonewall continues, speak to a claims manager. You can find out who that is by calling the main number with your claim number and asking. And make certain that you explain to both the adjuster and the manager that you will pursue a civil action against their insured if your damages are not paid.
Ultimately, they need to decide if they are going to pay your claim or deny it. If they choose the latter, they need to support the decision. A valid reason for denial does not include "our insured would not cooperate". In this case, the vehicle damages and your statement would provide the evidence necessary to make an informed decision.
If they ignore or deny, you do have the option of small claims court. While you would need to do some legal research on that, you can probably proceed without an attorney if you so choose.
If you do choose to hire an attorney, have the attorney contact the insurance company directly to demand payment. Ordinarily, this gets things moving. The other driver is not the one calling the shots - that is the duty of the insurance company, either with or without the insured's cooperation.
You can submit a claim through your Collision coverage. The problem is, you would have to pay your deductible up front. Now, if your company concluded that this accident was not your fault, they could "go after" the other company via a process called subrogation. If both agreed you were not at fault, you could probably get your deductible back. But that could take a few months. Or, the other company could maintain that you were at fault and you'd be out your deductible entirely. In a worst-case scenario, if your company found you at fault, you could have an at-fault accident charged to your policy. While I doubt this would occur, it nonetheless remains a possibility.
Back to the short answer. Be persistent with the other carrier. They do not have the luxury of simply ignoring your claim. They must make a decision based on actual facts and evidence. Unfortunately, that requires you to be pro-active and involved. If you feel it is necessary to speak to an attorney for intervention, by all means do so.
Hope this helps. Good luck!
Jane Pytel
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