Auto Insurance Claims: Opposing auto insurance and violator not responding to get claim resolved accident date 1/31/2010, reservation of rights


Question
Good Evening Justin ~I was involved in an accident on 1/31/2010 in texas, i was not at fault, vehicle unrepairable, police report obtained, a claim  immedly filed,  and now im getting the run around with their insurance stating at fault party not responding. I intend on filing a compliant against w/the Dept. of Insurance and/or Dept. Of Motor Vehicle, in hopes, this will be expedited.  Please ADVISE.  What do you purpose I do or what would be the appropriate channel to resolve?  Sincerely, HOT & UPSET

Answer
You are getting the "reservation of rights" treatment.  Let me tell you a couple of things about this scenario.

1.  Your beef is not with the insurance company, it is with the negligent driver.
2.  If you can contact the other driver, do it.
3.  If you have a police report, and the owner of the at fault vehicle is the same person as the driver of the at fault vehicle, then you may be able to put some pressure on the carrier by showing that liability and coverage are reasonably clear, which should make them come around, and if it doesn't will likely win you a lawsuit.
4.  If you can't find their driver, then you are in a tough situation.


I own a company that handles recovery of claim payments, believe me, I can expand on the methods and tactics you could use to try and get a settlement, but the easiest is to find their driver and take your fight up with the person that caused the damages.  The insurance company didn't cause your damages, and it is possible that the other party is not a covered person, or that the vehicle was stolen or being used without permission, or any other number of factors that allows an insurance carrier to legally and rightfully deny payment on a claim until they have cooperation from their policy holder.

Information is always free at Petty Details, LLC.  If you need further help, you can always contact me directly by looking us up on the web.  

I hope this helps.