Auto Insurance Claims: at fault driver insured, but undocumented, insurance claim settlements, personal injury insurance


Question
My wife was involved in an auto accident.  Clearly the other guys fault, with his insurance co accepting liability and polce citing him.  The driver, it seems, was an illegal alien, he did not have any ID, did not speak english, refused to give phone number (even though he was talking on a cell), even attempted to leave the scene 2 times before police arrived.

She is writing a 'demand letter' now that her medical bills are final, etc.  First, it seems that something is wrong with a undocumented person obtaining insurance (We are glad he did, though) and is there anything relating to this that should be brought up in a demand letter?  Also, how about his refusal to produce phone number to police when he obviously had a phone and that he has simply disappeared since the accident, even his insurance co can't contact him, as this slowed things down by a least a week initially?

Thanks

Answer

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Relationships With the Insurance Injury Claims Adjuster
Write letters insurance adjuster no phone calls



Dear Dan,

It surely is frustrating to have to put up with the many criminal and societal violations of illegal aliens.  They overfill the jails and prisons WAY out of proportion to the other cultures.  This is a good example to bring to your congressman and tell her you want our borders secure.  Ask her when she intends to do something about the national security dangers she is ignoring just to curry favor with one set of potential voters.  

Write to your Mayor and Chief of Police and ask them why in the world they let him go without revealing his phone number when he had a cell phone.  They are instructed not to question or cause any undue anxiety with this special favored class of law violators.  We wouldn't want to offend anyone, you know.  If they saw that YOU had a cell phone the sure as heck would have made YOU turn over the number.  What is wrong with this picture in our country?

As to your predicament, I hope it turns out that you will not be going after this dude, since this could be an interesting Uninsured Motorist Coverage (UIM) claim.  

There are three choices here, and #2 and #3 you do not want.  

1. My best hope is that you get to use your UIM to satisfy your claim and let your insurance pursue the tortfeasor.

2. You have no UIM coverage, in which case you will have to sue the tortfeasor via an attorney.  Substituted service of process is available in all states for those who try to hide from a lawsuit.

3. What if his company will not bow out entirely?  Although his company will not negotiate a settlement with you, what if they state that they will defend a lawsuit?  This is bad news for you because then there is a good chance that your UIM company will not play ball: they might declare that the tortfeasor is in fact insured, and thus you have to sue him.

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As for #1: Let's face it: he is not going to respond to his own company.  What is the insurance company's obligation if this is the case?

They cannot and will not negotiate a settlement with you unless and until they get their insured's version of what happened.  If he just will not cooperate, then they will give notice that he is in violation of the terms of her policy and they will not defend him if he does not cooperate.  If that notice has no effect, as we think, then his company will not be able to negotiate a settlement with you.

This is where you will have to convince your own UIM carrier that he is thus included within the definition of "uninsured".

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As for #2: If you do not have any UIM coverage, write to me and I will then tell you how your attorney will sue him to get a judgement and how she will execute (collect)  on tha judgement.   This includes what we call supplementary proceedings whereby he can be brought before the court (or face jail time) to tell where he works and banks and keeps his car so your attorneys can garnish and attach to satisfy your judgement .

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As for #3: This is one that will make you upset.  If his company will not negotiate or even discuss settlement, but insists it is bound to defend a lawsuit, it should be a case for your UIM.  I would recommend first filing a complaint versus your own company if they do not deem this to be a UIM situation.  

Contact your state insurance commissioner http://www.settlementcentral.com/links.php and obtain the complaint form.  Fill it out, but do NOT file it at this time.  Instead, use it as a threat by sending an "advance" or warning copy to your own company's claims supervisor.  

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Is this the time to send a demand letter?  NO, let's first resolve whether or not your UIM carrier will consider him to be uninsured.  But let's look ahead to see what should be sent, either to his company or to your UIM adjuster.  She may as well start, since sometime the information will have to be forwarded to resolve her claim.

As for your wife's letter, we need for her to be an effective communicator of the demand for settlement.  Don't just call up the adjuster and start discussing her demands.  Instead take the time to make her own demand letter—that is one step that will really pay dividends for her.  Write Effective Personal Injury Insurance Demand Letter http://www.settlementcentral.com/page0170.htm

Use a Confidential Personal Injury Diary for TOP DOLLAR Insurance Claim Settlements http://www.settlementcentral.com/page0208.htm

Make darn sure your doctor does have updated full information in her records, or the adjuster may not give you credit for what you have been through.  Personal Injury Medical Records http://www.settlementcentral.com/page0114.htm

Medical Records Key Personal Injury Insurance Settlements http://www.settlementcentral.com/page0114.htm

Should she mention that he is an illegal alien? Heck yes, just don't go calling him "undocumented": he is breaking the law, and you have to let the adjuster know that you will most assuredly bring that illegal status up before the jury.  

That goes for your UIM claim as well inasmuch as the value of that claim does depend upon your company stepping into the shoes of the tortfeasor, with his defenses available to them, but also subject to his liability for outrageous conduct that would not be viewed favorably if tried to a jury.  Thus, in summary, bring up the illegal alien status, but never use the term "undocumented", since that is a cop-out designed to lessen the stigma attached to wholesale violation of laws in this country by one culture.  


FINAL TOPIC: Effective communication with insurance claims adjusters.  Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm

Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more.   Always have your information and ammunition in writing to give to the adjuster.

Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.

Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.

I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you locate the feedback form on this site and leave some feedback for me.

Best Wishes,

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