QuestionQUESTION: Hi! Thank you for your time...
I was involved in a car accident, not at fault, yet the other motorist's insurance company is taking the opposite stance. My car was totaled and my insurance company paid off most of my car loan, my medical bills, and pain and suffering, which matched my medical bills, $1600, and 80% of my lost wages.
When the other insurance company finally accepts defeat, will I be able to ask for more money from them? Is there anything else I need to keep in mind as this situation slowly progresses?
ANSWER: When the other company agrees to pay, you will be able to get the remaining 20% of your lost wages and any other damages for which you have not been compensated. Many times, depending on the State, you can recover both PIP and liability payments for the same damages. Your carrier will be subrogated to the right of recovery for monies it has paid you, so be sure to stay in contact with your carrier to avoid any future issues. Good luck!
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QUESTION: Hi, Justin!
It's been awhile since we've spoken, unfortunately I'm still having issues regarding the aforementioned accident.
My insurance company, after 9 months, with only a letter in the mail from no one that I've ever spoken to, informed me that they were no longer going to pursue my claim as they didn't think that they would prevail if they did. I, completely thrown-aback, called my claim adjuster, of course to no answer, and left a message asking him if the letter was correct and if they were not going to pursue it, would the accident look like a claim against my insurance (which is the company that I've been dealing with this whole time) and would it also be on my record. Just as I rarely heard from him over the course of 9 months, I have yet to hear from him. I am angry and annoyed and am wondering if I'm being unreasonable about not hearing from my claim adjuster throughout this whole ordeal and then to not hear from him when I call him. I do not feel that my claim was handled correctly and would love any suggestions on how to proceed. On top of that, they are canceling my policy and the only reason I know is because I called in to cancel my renters and the representative informed me (they are saying that I am not eligible).
ANSWER: Latasha,
I don't know if I fully understand your question. Your carrier has essentially washed their hands of your claim by making payment to you and then advising you that they do not attempt to pursue subrogation. The question of liability (fault) is the question. Keep the letter from your insurance company that says they are not pursuing recovery. Your insurance company can adjust your risk factor based on an accident whether it is your fault or not, and without speaking directly to someone in the underwriting department with knowledge of their guidelines, there is no way to determine exactly how this accident has affected your insurance rate or your qualification for insurance with a specific company.
If your insurance company paid you for your loss in accordance with your policy, then you really don't have a beef with them. Your carrier is generally only required to attempt recovery or notify you that they don't intend to attempt it within 1 year (time frame depends on State law).
If you feel you can prove the accident was not your fault, then you need to do just that and put some pressure on the at fault party. This is the only way you will be able to get the company for the at fault party involved. If you really want us to dig up some relevant information for you, I suggest you contact us directly so the flow of information can be done in a more timely manner. Your situation calls for one on one consultation.
Sometimes, it's just in the petty details. Look up Petty Details claims services on the net and you will find us easily.
JP
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QUESTION: Thank you Justin for your quick response. I'm fine with them dropping me, it's their lack of formal notification that I'm upset with (the reason for me bringing the cancellation up is explained later). I am also upset with the fact that all evidence points to the fact that the other drive was at fault. I'm also upset with their lack of customer service, which leads me to believe that they did not pursue my case thoroughly. Something that I wanted my adjuster to answer was: now that they are not pursuing the claim, will the accident be on my driving and insurance record as my fault (especially now that I have to obtain new insurance).
AnswerEach State has an insurance code or similar law that regulates how an insurance carrier must handle claims filed by policy holders. I would research the requirements in your State and see if they violated any deadline or law. Many times, small value claims will not be pursued by an insurance company, and in fact, this is an area in which my company specializes. If a carrier doesn't feel they have the resources to pursue small claims, then they can outsource them to a company such as mine and we will get the money back. I think your issue should be with the at fault party, and your carrier's actions should be scrutinized by way of contract terms and insurance code requirements.
JP
