Auto Insurance Claims: dealing with the at fault ins claims adjuster, claims adjuster, minimal damage


Question
Hopefully an easy question.  Daughter is 22, lives at home, and driving vehicle that is titled and registered and insured in my name. (dad)  She is listed as a driver on my insurance. On way to work another car merged in and struck her R front fender. Damage is minimal.. maybe $600. Numerous dents in fender and fender shifted a little as it now scrapes R passenger door when it is opened. Other driver had minimal damage as well; maybe $300. No injuries in accident.

My vehicle is 3.5 years old, paid off, & value approx 14,500.   I prefer not to file through my ins co as I would like to have the at fault driver’s insurance company pay for damages.  

Police called to accident and form completed by officer states: “the data on crash form is only for analysis and highway safety study”. This crash form was evidently used because the accident had total damage of $1000 and no injuries. No other accident report filed, no citations issued.

Form also says: “Determination of fault is responsibilities of insurers and or courts".  This happened in State of NC.  The police form does state that the other driver: “driver 1 went to merge from X road to Y road, and hit driver 2’s vehicle  on passenger side of driver 2’s vehicle (my daughter is #2) . Driver 2 states she was in left lane when hit by driver 1. Driver 2 states she stayed in left lane and was not changing lanes or merging. “

Does this sound like enough to have the other driver’s insurance company pay damages, or should I involve my ins company? The adjuster for the other party contacted my daughter the next day, and I have attempted to contact him (the adjuster) since. He has not returned my call but continues to try to contact my daughter, telling her he cannot speak to me until my daughter makes a statement. I told my daughter to refer the claims adjuster to me and not to say anything as I do not want an experienced adjuster taking advantage of a young girl and then try to turn her words around in an attempt to try to change and lay blame.

Thoughts or suggestions on my next step would be most appreciated. Thanks in advance, Tom.

Answer
Tom,

It sounds like enough to me.  Fault seems pretty straight forward since the merging vehicle must give the right of way to the vehicles already on the road.

Why don't you let her give him a written statement.  Send it certified along with the police accident report.  That should be more than sufficient.  He knows that you're not likely to sue them for such a small amount... sad that they can treat you this way without any repercussions when the accident is clearly their fault.

Best regards,

Ernest Ferraro