QuestionA person damaged a cement wall at the end of my driveway on my rental property. The person was visiting the renters daughter.
I talked to the parents of the person who caused the damage.
They wanted to settle the damage by giving me $500. I went out an got an estimate for the damage @ $1500. They refused to give me their insurance information and refuse to pay estimate. All I have is their home address, names, make and color of car.
To make things worse, I called my insurance company (home owners)and they said my insurance policy lapsed because the mortgage company paid the bill late from the escrow account (another battle). I am filing a police report and going down to the local police department Saturday, I believe they will be giving me the persons Insurance information- if they have insurance! How should I approach this to retrieve the proper money to fix my property?
Answer Hello Dan,
The insurance coverage that should pay for this is the liability Property Damage coverage for the responsible driver.
I don't understand how the police can provide you with insurance information unless they are going to pursue the accident. You should be able to find out on your own who their auto insurance carrier is. Do a web search for your state Department of Insurance and find a number to contact them. You will need to find out what their procedures are for providing insurance company information. Some states require you to request in writing. In any event, find out specifically what the procedures are. Once you have the insurance information, you can file a Property Damage claim specifically against that coverage.
If they do not have coverage, then you are looking at the prospect of suing them in small claims court. Yes, I suppose you could file a homeowner's claim, but I would presume your deductible is at least $1500. If that is the case, it does you no good. On that homeowner's by the way, they sent you no notification of cancellation!? Regardless of who is making the payments, they would be required to notify you, the insured, if the policy is going to cancel.
Two final pieces of advice, that I repeat over and over again ... ALWAYS file a police report on the scene, and NEVER agree to allow the at fault party to settle with you directly. Bad ideas - always.
Hope this helps. Good luck!
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
