QuestionQUESTION: My Mothers car was hit at a Best Buy parking lot while parked an unoccupied. Person who hit her car waited until we came out of the store and provided all his information ( Driver License, Car Insurance, and Vehicle Registration)Driver who caused the damages has not contacted his insurance and they are having a though time getting a hold of this person after I file the claim with Progressive Insurance CO. I understand that in California I have to report damages in excess of $750.00 and file an SR1 form with in 10 days and I believed that the repair will go above this amount. How does she proceed with her claim if she is being ignore by insurance co ?
ANSWER: Hello Rey,
Regarding the SR1 form, unless the damages to your mother's car are extremely minimal, you can be nearly certain that they will exceed $750. I would suggest, then, that you go forward with the SR1.
As to the insurance claim, yes it is true that an insurance company would ideally want to speak directly to its insured for an account of the details. However, it is not particularly unusual - especially when the insured is at fault - that the insured will refuse to cooperate. Yes, the policy requires that the insured must cooperate, but some people just don't. The penalties for that are between that insured and its insurance company. They may choose not to renew the policy, or they may refuse to pay for his/her collision damages if the non-cooperation continues.
However, the other driver's insurance company maintains its obligation to protect its insured against liability. Simply put, that means they cannot simply ignore your mother's claim just because their insured is refusing to cooperate. There are other means to verify what occurred. If you filed a police accident report, that is good. What about damages? The carrier needs to inspect and appraise your vehicle damages, and they need to speak to you about what occurred. While you have not specified the details of the hit, a damage inspection and your statement should be sufficient, especially since their insured is apparently not contesting that they hit you.
It is reasonable if the delays last a few days. That would mean, of course, that they are actively seeking contact. Beyond a few days, and they need to proceed with the claim - without further delay. If the delays continue with the same tired explanations, call daily to check on status. Request information on the details of setting an appraisal for your vehicle. offer to provide a statement. If there is no resolution, call and ask to speak to a claims manager.
You are going to have to be proactive. The bottom line is they need to resolve your claim. The fact that their insured is not cooperating is irrelevant. They must find other means to validate the details and then they must either pay the claim or deny it for cause - not because their insured is uncooperative.
Hope this helps. Good luck!
Jane Pytel
http://InsuranceExpertAdvice.com
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
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QUESTION: Thank you Jane Pytel for your previous response. If I may, I would like to ask a few more questions regarding this incident. (1-?) Am I required to take my vehicle to get the damages appraised at their chosen Coalition Center.(2-?) Is it my right to asked for original manufacture parts (OEM) to replaced broken tail light. (3-?) Am I required to take my vehicle to get repairs at their shop or is it my right to take it to where I feel comfortable with the work performed on it. and (4-?) Do I file the SR-1 form with California DMV my self since I was the person who spoke and took down the information from the person who side swipe my mothers vehicle while it was parked or does my mother does it since she owns the vehicle that received the damage ? Once again thank you very much for taking the time to educate and service the public at large.
Answer Hello again Rey,
1. You will need to have an appraiser who represents the insurance company appraise your damages. That is normally done either at one of their approved shops or by an appraiser who comes to you. If you can drive the car, they will probably request that you take it to one of their facilities.
2. Yes, you can ask for OEM parts. whereas your own insurance company might have a clause in your policy that allows them to use LKQ parts, you do not have a contract with this company so you can demand original factory parts.
3. While you do have to allow one of their appraisers to evaluate your damages and to prepare an estimate, you can take a copy of that to any shop that you choose to have the car repaired. Just make sure the shop is reputable and that it guarantees its work. The shop that you choose needs to work off of the insurance estimate. If additional damage is found during the repair process, they will need to contact the insurance company for a supplement to the original appraisal. Make certain that it you do choose your own shop that they understand the insurance process. They cannot write their own appraisal and work off of that.
4. As for the SR 1 form, you will need to contact the DMV to answer that question. At the very least I would assume your mother would need to sign the form as she is the owner of the vehicle. But again, ask them directly.
Good luck,
Jane Pytel
http://InsuranceExpertAdvice.com
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
