QuestionMy vehicle was side swiped from behind while I was stopped at a red light. The at fault driver left the scene and I followed her until I could get her stopped. The at fault driver has a suspended license but the vehicle has valid insurance. An accident report was completed by the police. I submitted a claim and got an estimate as requested by the insurance company. The adjuster says that he can't make contact with the policy holder or driver of the vehicle. He also stated that his company would not pay any claim until he could identify the driver of the vehicle which his company covers for insurance. If the vehicle has valid insurance and was identified as the at fault vehicle by the police how can the insurance company deny the claim regardless of who the policy holder allows to operate the vehicle? The estimate for repairs is between $850 and $900 and there were no injuries.
Answer Hello Bryan,
They can't deny your claim because their policyholder has decided not to cooperate with them. This is completely bogus and unethical.
The police report alone will tell them who the driver is. Of course, they want to speak to their insured, but if the insured is not abiding by the policy conditions they cannot refuse to carry out their duty - which is to pay claims and to protect their insured. When I say protect, there is nothing to prevent you from suing the driver personally. But I would not recommend this, at least not now.
You have some options. First, you should contact the claims manager to complain. I would call, and then follow up in writing. At the same time, contact the TX Dept of Insurance and find out how to file a complaint against them. You should be familiar with this information when you call to complain. And, of course, when you do make the call, regardless of how the manager treats you, you make certain you are polite, yet firm. When you follow up in writing, demand payment for your loss. Give them a deadline and warn them that if they fail to comply you will hire an attorney.
If you have collision coverage you can file a claim with your own carrier. Yes you will have to pay your deductible. But in a process called "subrogation" your company will go after the at fault carrier for reimbursement. This will include your deductible. This can take a few months.
If you know an attorney who will represent you to write a letter of complaint, i.e., a demand letter, by all means do this. While the claim is not effective for an attorney to actually take over, there is nothing to prevent one writing a letter demanding payment. If the agreement is simply to write the demand letter, it should not be expensive. The bottom line - insurance companies do not like it when attorneys become involved.
In a worst case scenario you can file for damages against the driver personally in small claims court. I would absolutely use this as a last resort.
For much more detailed information on how to deal with less-than-stellar insurance practices, go to my website,http://SolutionsForYourInsuranceClaim.com and read my claims help, claim delay, and claim settlement articles. This will arm you with even more information.
I'm sure you can get this accomplished, but you are going to have to be proactive. Good luck.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
