Auto Insurance Claims: problems with at fault driver, rental coverage, insurance representative


Question
I was involved in a 3 car accident a week ago. I was in the the front car and the last car was given a citation because he was found to be at fault. Following the accident I had a sore neck for a couple of days but it went away (so I never saw a doctor). Anyhow, here's my problem - the young man who is at fault has not given his statement to his insurance company. I spoke with his insurance representative and even she has not been able to get in touch with him. Ever since the accident my husband and I have rented a car because the one involved in the wreck is our only working vehicle. The at fault driver's insurance said they will not pay for the rental until they claim liability but who knows how long that can take because the at fault driver has not been in touch with his insurance company. I am strongly considering hiring an attorney to help me with this because my husband and I do not have enough money to continue paying for this rental but we need to get to and from work somehow! I was just wondering if you have any advice on what to do in this case. Thanks.

Answer
Hi Erica,

Don't bother to contact an attorney as they will not be interested in helping you. Attornies generally do not get involved in property damage cases.

If you have collision coverage on your own policy, you should make a claim on your own policy to get your car repaired. They will then go after the other insurance company to get back the money they paid out. This will not have any affect on your policy. If you have rental coverage on your policy you can also claim reimbursement on your own policy as well.

If you do not have these coverages on your policy then there is not much you can do until the other insurance company accepts liability.  If there was a policy report of the accident, you could obtain a copy of it to provide to the insurance company which may help them to make a liability decision even if they do not reach there insured. However be aware that in most states an insurance company has upto 30 days to complete the investigation and either accept liability or deny the claim.

I hope this helps
Richard Hixenbaugh