Auto Insurance Claims: Hit and Run - insurance company dragging feet, chef coat, police report

Question
Hi, I was in a hit and run accident at the mall on 5/1. I pulled into the mall, which has a loop running around all the parking lots with a 20 mph speed limit. I was driving along when a car pulled out in front and me and slammed into my front right side, right on my headlight. I turned of my engine and got out and the other driver put his car in reverse and took off! Luckily his bumper was left at the scene with his license plate and two witnesses saw him take off. I immediately called the police and took pictures of the accident. The police showed up, ran the plate and I gave a description of the driver. He was wearing a chef coat, and there happened to be a restaurant right there, so the officer went inside and was able to ID the driver. He came out and showed me a picture of him and I confirmed it.

I had to wait for the police report to come out to get this guys financial info. I have liability only on my car so I need his insurance to pay for this. I called them and started a claim which they honestly don't seem pleased about. The adjuster called me back later that day and got a statement from me. I faxed over the police report which states that the guy that hit me failed to yield right of way, was not paying attention and fled the scene. It states that my car is over 1000 dollars in damages and clearly states hit and run.

The adjuster said that a appraiser would contact me to look at my car but I have not heard from anyone in three days. I called her yesterday and she said that she would email him, the appraiser, again and that they've been busy but he should have been in contact with me. I asked if everything with the claim was ok and she said yes, that she's sent a letter to her client and is waiting for a response. If he does not respond in 10 days, she will accept liability?

My questions are this: Why can't she make a ruling? Why does she need a statement from him if she has the police report, who talked to him, that states my case? Does this sound like she is going to deny the claim? I have read about "RoR" letters and I think this is what she is doing. On Monday, it will be the 4th business day of my claim. Should I demand to speak to her supervisor or file a complaint with the Texas Department of insurance?

I don't really know how to handle this as I've never been in a situation with a hit and run and his insurance company seems as shady as the driver. Please let me know what I should do.


Thanks!

Answer
She has a responsibility to complete her investigation which includes interviewing her client.  If her client fails to cooperate, he is breaching a condition of his policy, and this could place his insurance coverage in jeopardy.  

I understand your frustration, but 4 days is not a very long time for this type of thing.

The strong liklihood is they will accept liability and pay your claim.  But if they disclaim coverage to their client for non-cooperation, you should be eligible for Uninsured Motorist coverage on your own policy, which essentially means your insurer acts as if they insured the other vehicle.  So you should make sure you report what is happening to your insurer immediately.

I would suggest you continue to put pressure on her to make a decision, but do so in a polite manner.  Do not show anger or be rude.  You do not want her  to have a personal reason to delay this claim.  Be nice and try to get her sympathy on your side.  Call every couple days, explain your hardship, but be nice.  You want her to want to help you.  If this goes on for 10 days, call her supervisor and do the same.  At that point you might consider calling the state insurance dept.