QuestionA couple of months ago i was stopped at a red light when all the sudden a car hit me from behind. The lady admitted her fault so she decided to pay me all the cost of the my car's repair. I didn't believe in her so i called my insurance company to start the claim process. I really don't know what happened, but she still hasn't answered yet. My insurance company told me that she refuses to answer phone calls and they already sent her a letter in order to cooperate. No response.
The main thing is that she has American Banker's Insurance and the representative from my insurance told me she hasn't heard about that company, but the issue is that they have all the information to start the process.
Last time i received a call from my representative was 2 weeks ago saying that since she has a 2006 car she's probably insuranced at the time of the accident and i should solve this in the small claims court.
Now I'm starting to doubt all her information. Is there anything else i could do? I feel ripped off!
Thanks.
David.
AnswerHi David,
If you carry collision coverage, I recommend that you have your own company repair your car (less your deductible) which will be returned to you once they collect from the adverse company. Under state law, your insurance company has no real legal interest in this case until they have expended money. Right now, they are just making the occasional phone call and trying for a response. Once they pay out money, they are able to follow many avenues to locate her and her insurance company.
If you reside in a mandatory insurance state, your company should have immediately filed a SR-1 form with the department of motor vehicles. The left side of this form tells all about you and is signed be the insurance company showing proof that you had insurance at the time of the accident. The right side of the form tells all about her. The state will wait about 2 weeks for her to file a SR-1. If it is not received within a few weeks, they will notify her that her drivers license and plates on her car are being suspended until they receive proof of insurance.
Ask your insurance company if they filed a SR-1 on your behalf. If so, they can contact the state department of motor vehicles and secure the information from her SR-1 regarding her insurance. They can also run a DMV report on her license plate number, learn where it's financed and secure the insurance information there.
If you don't carry collision, your company remains very limited and can only write letters and make phone calls.
If that is the case, you need to take an active interest in getting her to respond. Start trying to reach her by phone and if necessary, drive to the address she provided to talk with her. If you do that, take a female companion with you so she will not feel threatened.
I hope this is of help. Please write again if I can be of more assistance.
Sincerely,
Bennie
San Francisco Bay Area 10-16-07 8:25 PM PST
