QuestionI was involved in a car accident in Houston on March 25th 2012. The person who cause the accident fled the scene although a witness was able to write down the license plate number. I had a police report written and had two witnesses who gave names and phone numbers. I then filed a claim with my insurance company. My insurance company has identified the vehicle at fault as a lease vehicle and the lease company name, my insurance company has contacted the lease company for insurance information but they will not give any information or accept responsibility and will not give the name of the driver to pursue their insurance. My insurance company has asked me to contact the lease company to get this information. Something does not sit well with me doing this I feel this is why I have insurance and an adjuster to take care of situations like this. I am not sure what to do, all I want is my vehicle fixed. I was told if the lease company will write a letter claiming they are not responsible I will have to pay un-insured motorist which makes me angry but at least I can afford to have my vehicle fixed. From what the insurance adjuster told me they are not going to be willing to do this either. Help!
Answer Hello Dena,
There are indeed some glaring problems here.
First, you are absolutely correct. It is the adjuster's job to determine coverage for the other vehicle(s) involved. The lease company would require proof of insurance whether this was a short term rental or a long term lease. The key would be to speak to someone at that lease company who knows enough about insurance to work with other insurance companies. If the lease company refuses for some reason to release the insurance information, your adjuster has a responsibility to find it. Contact the driver, contact the state, file subrogation papers directly against the lease company, etc, depending on the circumstances. The point is, adjusters are supposed to be trained to be able to obtain this information. And, quite frankly, if the lease company will not provide the information to the insurance company, I can't imagine why they would provide it to you.
As for the letter. Sorry, that is absurd! Nor again, is it your responsibility to have to obtain this.
My suggestions as to your adjuster. Call the main number with your claim number and ask to speak directly to the manager supervising that adjuster. Be polite, but don't take no for an answer.
As far as uninsured motorist, yes there is UM coverage in TX for property damage. That would require that you are not at fault in the accident. TX PD UM carries a $250 deductible, which you would have to pay. However ... your insurance company has an obligation to determine who the responsible party is so that their payment to you and your deductible can be refunded in subrogation.
If you have collision coverage, that would also cover you - regardless of fault. However, collision might require a higher deductible. Either way, subrogation would apply.
With all due respect, your adjuster is not doing well by you. It is your insurance company's duty to protect you, not to badger you. Go to the manager and attempt to have this resolved. When your policy renews, perhaps you might want to consider other companies.
Hope this helps. Good luck!
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
