QuestionQUESTION: Another driver hit my rear bumper as I was awaiting to turn right. The other driver who was in a company car, promised to pay if I didn't go through the insurance. I gathered all the info just in case but promised to work with him first.
I got an estimate two days later and he agreed to pay it. I then called my agent and explained the situation.
The agent told me that I should give the details to my Insurance Carrier and assured me that nothing would happen (in response to my questioning) until after I spoke to an adjuster and told them that I wanted to go ahead with a claim.
I called the number to the Insurance company and spoke to a representative who asked me the details of what occurred.
When he asked me for the other drivers phone # I point blank said that if I gave him the # no one would contact him, right? unless I want to follow through with a claim?
He told me that was correct (he was in agreement with what the agent had told me earlier). Not until after I spoke to the adjuster and told him to go ahead.
Today I was supposed to get paid by the other driver but it appears that he got a phone call from my insurance company.
I haven't gotten paid yet and I feel that their was a breach of confidence.
The other driver may certainly think that I am trying to get his money and then also call up the insurance to have them fix the car while I take his money.
Furthermore, if they also contacted his company and that in any way damages him, they have further disintegrated the responsibility that they have to me as a customer, entrusting them with information that they obtained with the representation that nothing would happen without my consent for such an action.
What are my options both to the damage to myself and to the other driver?
ANSWER: Hi Ben,
Unfortunately there is nothing you can do. Your agent was wrong. Anytime you report an incident to your insurance company they creat an accident record. They can use this information to raise your rates if it is later determined that you were at fault. Also when you report an accident they are obligated to do an investigation to be sure that you are telling the truth. This is to be sure that you are not at fault and that there may be claims for injuries that you may not be aware.
In the future, you should never report an accident that you do not intend the insurance company to follow up on. Once they have the information they can do whatever they feel is appropriate.
As far as your dealing with the other person, simply call him and appologize. Tell him what happened and assure him that you have closed the claim with your insurance company. If he is still willing to pay you, you should call your insurance company and specifically tell them to clos their file without payment and not to contact anyone else regarding this claim.
I hope this helps
Richard Hixenbaugh
---------- FOLLOW-UP ----------
QUESTION: I appreciate your answer and I am of course not to thrilled with what it indicates.
I just want to know why a representative from the insurance company bears no responsibility for what he has represented to me. He has extracted private information from me that I indicated that I was not willing to give him if they were going to use that information. He did so by assuring me that nothing would happen prior to my talking with the adjuster and going ahead with a claim.
That to me is false representation and and a violation of my right to privacy concerning the information that I had.
If I lie to someone and there is a material consequence connected to it, in most cases I would imagine that I would be responsible in someway. How does this not apply when the reverse is true?
AnswerHi Ben,
Unless you sent the information to your insurance company in writing stating that they were not to use the information, there is no proof that you ever told them not to use it. Your insurance company is there to protect both your interests as well as there own. I used to work for an insurance company that would actually read newspaper stories about accidents, get the names of the people involved, search their records to see if that person was insured with them and if so would set up a claim file and start contacting people to obtain the facts of the accident. All of this without their insured ever contacting them to report the claim.
I understand your frustration but, there is simply nothing that you can do about it now. There is no one to complain to except the company itself. You might try to obtain the name of the Vice President of the claims department and write him or her a letter explaining what happened. Although what has already happened can not be undone, they may contact you with an appology.
I hope this helps
Richard Hixenbaugh
