Auto Insurance Claims: negotiating with an insurance company, auto body shop, minor damages

Question
Two weeks ago I was in a minor accident. I was traveling on a one way street in the far left lane and a driver in the center lane tried to turn left to the cross street. She initially blamed me, saying that both of our lanes were turn only lanes, but she went back and looked at the intersection and admitted she had been at fault. There was also a witness who corroborated my account to the police. When I read the report, I learned that the other driver had lied to the officer about which lane she had been in and tried to blame me for the accident. The officer didn't believe her (because her story didn't match the vehicle damage) and he cited her for the improper turn.

I only have liability insurance, so my insurance company tells me they will not help with the claim. I wasn't injured at all and neither was my daughter, who was also in the car. The other driver was driving her roommate's car and she said they were both insured (I don't believe that she really was, and she had no proof at the scene). She says that the claim was filed on the roommate's policy and she gave me the adjuster's name and the claim #. So far the adjuster has not even returned my phone calls. If I ever do get hold of him, I have no idea how to handle this.

Answer
Hi Clara,

Assuming the owner really does have insurance, don’t worry about how to handle this minor problem: the other driver, who we call the “tortfeasor”, has reported it to the applicable insurance, and with minor damages, they will handle your repairs promptly.  The delay is just that they need to complete their insurance investigation first: they will take a statement from the tortfeasor and they will determine that the owner allowed the tortfeasor to drive.  Hence she is a “permissive driver”, and therefore covered under the policy.  Here are some pages to help you review the rights you have for selecting the auto body shop and to get a rental car.  

http://www.settlementcentral.com/page0458.htm  rental car after accident

auto collision shops and insurance adjuster relations  http://www.settlementcentral.com/page0456.htm

Your damages are minor, you say, so there is no need to explore such things as a diminished value claim  http://www.settlementcentral.com/page0455.htm

Make sure that you and your daughter are not suffering any lingering pains at night after doing some summer physical activities.  Do not ever worry about going to the doctor too late.  My goodness, we have a great number of clients who let a month or more elapse between their accident and the first medical or chiropractic treatment and their claims reach a fair settlement.  

If you have pains now, which is just two weeks later, that is fine.  It is to be expected.  So, when this happens, even if a couple months or more post-treatment, do not hesitate to SEE A DOCTOR AND ATTRIBUTE THE PAIN TO THE ACCIDENT WITHOUT EQUIVOCATION.  It is NEVER TOO LATE TO REPORT PERSONAL INJURIES FROM A CAR ACCIDENT http://www.settlementcentral.com/page0104.htm


WHAT IF the tortfeasor HAS NO INSURANCE?
In that case be sure to write to me again and let me know everything that the adjuster tells you so that I can give you some information as to how to use the state to enforce your rights.

Now, let’s talk about why YOU ARE DOING DRIVING YOUR DAUGHTER AROUND WITH NO INSURANCE TO COVER HER.  Take a moment now to read up on tips to buy auto insurance http://www.settlementcentral.com/page8006.htm

There is a second page with a lot of information on various auto insurance explained http://www.settlementcentral.com/page8006.htm

You MUST get insurance to cover you and your passengers for no-fault medical (“PIP”) and Underinsured Motorist Coverage (UIM).  That is basic protection because some time some driver may not have insurance and you and your daughter may be hurt really bad.  

Best Wishes,


Dr. Settlement, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com



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Hi Clara,

Dr. Settlement tried to sneak away for a long weekend, and look what happened: busted.  I am accessing my e-mail at our hotel while the best of our half is getting ready for our outing tonight, so I will not have time to answer your question until late Sunday night.  

I just wanted you to know that I had not forgotten you, and I hope that this delay will not cause you any inconvenience.

Dr. Settlement, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com