QuestionHi, I apologize before hand for the length but I want to get everything out.
On 11/5/07 I was on my way to work. The traffic up ahead was slowing down and pulling over to the side for 2 emergency vehicles so I proceeded to slow down/stop half on and half off the side of the road.
A chevy truck that was traveling behind me decided they didn't want to stop and tried to pass me but the emergency vehicles were already there so he swerved over and hit my car.
We both stopped at a corner store, he got out looked at his damage got back in his truck and proceeded to leave. I waited for the sheriff to arrive and was told that he also called in my tag, which basically stated he was involved in the accident.
After getting the driver exchange of information I called his insurance company (Peerless Ins.) and was told that they could not do anything until speaking to their insured but all the contact information they had was a New York address and the phone was disconnected or so they thought. I was also told to fax over a estimate, I faxed over the estimate plus the accident report that I went and got from the sheriff's office. The accident report states that it was a hit & run, that he made a improper lane change and the actual police statement is as follows (vehicle 1 was the other driver and I am vehicle 2):
Vehicle #1 was traveling south bound on CR 39 and attempted to pass vehicle #2 who had pulled to the side of the roadway for an emergency vehicle. Vehicle #1 side swiped Vehicle #2 with the right front of vehicle #1 to the left rear side of vehicle #2. The driver of vehicle #1 fled south bound on CR 39. Vehicle #1 had an out of state tag (NY). Writer has no further leads or investigation.
I asked the Insurance Adjuster how long they would wait to get in contact with their insured before they could do any repairs and she said as long as it takes for him to get back to New York which could be a while since he stays in FL for the winter. I got tired of waiting for the adjuster so I started doing some investigating of my own. I looked in the White Pages and found his FL address and his FL phone number. I called his insurance company today (12/13) with all of his FL information and she said she would contact him right away. Also the assumed disconnected phone number was just automated stating at the request of the account holder the number was disconnected and all calls are being taken at his FL number, if the insurance company waited they would of had his FL number the same day of the accident.
Sadly I can't go through my insurance since I only carry state minimum and I'm getting the whole run around with this insurance company. First they tell me sorry were not licensed in FL so I had to get my insurance company to call them. Then they tell me on 12/10 that since the estimate was so high they had to get a appraiser in FL to call in set up an appt with me to look at my car but as of today still haven't heard from that appraiser.
I was just wondering how this situation would be handeled. If he tells his insurance company lies would they tell me sorry it's not his fault or would they go by the accident report?
Also how long does the state of New York give the insurance companies to decide the outcome of a claim, I think FL is 30 days but I'm not positive?
AnswerHi Angela,
Most states require that an insurance company investigate and either pay or deny a claim within 30 days. So I would assume that New York is the same. Most all insurance policys require that an insured report and cooperate in the investigation of a claim. So technically, if he never contacts them they could deny the claim for non-cooperation on his part. However, since you have reported the claim to his insurance company and they have a police report that indicates he was at fault they also may just pay the claim. If you have ot the insurance company has his address in Florida, you should demand that his insurance company send him a certified letter requiring him to contact them. If he does not respond to them they may deny the claim for non-cooperation. At that point about the only option you would have is to file a law suit against the at-fault person. That will likely get him to do what he should have done all along.
I hope this helps
Richard Hixenbaugh
