QuestionThanks for the Info. I just called there insurance on friday again to see what claim status was. She said they have not heard from there customer. Said they reported it and have not called back to give there statement. Does this sound like a stall tactic to buy time? And is there any sort of time limit for them to inspect the vehicles, or for there customer to follow up on there reported claim? Thanks again.
-------------------------------------------
The text above is a follow-up to ...
-----Question-----
I was on my way to work in NJ driving in the left lane and the person driving next to me (slightly ahead) decided to make a left turn with no signal. They attempted to make a left turn, I stomped on the brakes and there was nothing else i could have done to try and avoid the accident. The front right of my car hit in between both of there left doors. The police report says it was clearly the other persons fault. I do have a witness to the accident but the Officer said he did not think there statement was nessisary because it was clearly the other person fault. Now there insurance company wants to push negligance on me, saying i could have avoided the accident. I feel i did everything i could have done to atempt to avoid the accident. The adjuster told me they cannot authorize a rental untill they do there investigation that could take 5-7 days. What should i do if they try to put negligence on me? and What should i do about a rental?
-----Answer-----
Hi Steve,
When there is a liability dispute, you can do 1 of 2 things:
1) you can rent your own car now, then if the other company later accepts liability, present them with your paid bill for reimbursement.
2) you can put the claim through your own insurance company. Assuming you have rental coverage, all or most of your renal bill will be paid by your insurance company and they will get it back from the other company. Your company will also handle payment of the repairs and get reimbursed as well.
Otherwise you just have to wait it out. However keep in mind that you have a responsibility to mitigate your losses. The means that if your vehicle is in a tow yard, you have to goahead and pay to get it out to stop the storage charges. You should have the vehicle taken to the shop of your choice so they can assess the damage and be ready to deal with wichever insurance company you decide to go through.
I hope this helps
Richard Hixenbaugh
AnswerHi Steve,
No it does not sound like a stall tactic. Often people will take there time in calling back the insurance company. In most states the insurance company has 30 days to complete their investigation and either pay or deny the claim. Keep in mind that their insured has an obligation to cooperate in the investigation. If they do not call them back at all, that could be grounds to deny the claim. You should try to get any info you can including a copy of the police report, witness statements etc. and provide them to the insurance company.
I hope this helps
Richard Hixenbaugh
