Auto Insurance Claims: Other party refuse to respond to filed claim with their insurance company, own insurance, safeco


Question
On 5/20, a guy backed his truck into our vehicle in a parking lot. He was apologetic and promised he will call his insurance company right away to rectify this situation. I called his insurance company (SafeCo) a day later to report my claim but was told he has not called in. As a result, SafeCo opened a claim on my behalf.

It has now been over two weeks later and he has not picked up, called back, or respond to his insurance phone messages or letters. At one point, he blocked all incoming calls. I have called every 3 days to check up on claim without success.

I was told that the claim will eventually be assigned to an adjuster who will then determine whether or not to accept liability. I was also warned that there is good chance SafeCo will not accept fault because they have not been able to get their insured version of the story. The estimated damage repair is $550 ($50 over my deductible) plus two new car seats (my two kids were in the vehicle).

I was also advised that I could file claim with my insurance, pay deductible to get my vehicle fixed and car seats replaced. My own insurance could then go through subrogation which can take up to a year or more.

Can you advise? Is it true SafeCo can deny claim based on this? There were no police report since the other guy was cooperative at the time.

Answer
Hi Nikki,

This is a hard way to learn that no matter how nice someone seems, always call the police.

Yes, Safeco can deny the claim. Technically they would not be denying you but would be denying coverage to their insured for non-cooperation. If that happens the only thing you can do is either turn it over to your insurance company or file a lawsuit against the othe driver. Keep in mind that if you go through your insurance company they will not replace your car seats. They are considered personal property and not part of the car and are not covered through your own auto insurance. If Safeco accepts the claim, they are responsible for all damages.

I hope this helps
Richard Hixenbaugh