Got in a car wreck and want to file under the other person's insurance.?

Question

I was in a car wreck about a week ago and it was the other drivers fault. I called her insurance company and she had already filed a claim but they dint get her statement. Her insurance company said that if they dont get her statement that there is nothing that they can do about my car. What other option would I have if I dont want to file it under my insurance policy?

Answer 1

You ONLY deal with YOUR insurance company!  They will deal with the other insurance company; it's part of the service that you paid for already.  The other insurance company is jerking you around but they won't play the same games with your insurance company.

Answer 2

You can just sue her, but you'll in effect be going up against her insurance company, as they are legally bound to defend her. The smart thing to do is to call your insurance company, and they will take care of your bills as outlined in your policy. They then go after the other insurance company to recover damages. You can sue the other person for your deductible and costs that are not covered, but in court, you are much better off having gone though the insurance company first. I know a lot of people jump through hoops not to file claims with their own insurance company, and the insurance companies love it!

Get more opinions, but that is mine. Good luck.

Answer 3

Uwish is correct.  Continue to follow up and find out if they have secured her statement.  Blows my mind that they did not take her statement when she reported the loss.  I guess standard protocols vary from insurance co to insurance co.  

I suggest that you file a claim against your own policy.  Your insurance company will pay you for the damages and subrogate for what they paid out.  Why else do you carry collision coverage if you do not want to use it?

Answer 4

What is YOUR insurance agent doing to help?????

Answer 5

Keep calling the other insurance until you p**s them off!

Answer 6

You have no other options but to file with your own insurance company and let them (and all of their lawyers) go after the other driver and his insurance.  They are experts and this is what you bought insurance for.  Use it !

Answer 7

Was a police report filed? If so, is her statement on the report? If yes, ask her company if they can use the statement on the report.  If not, your only other option would be to file with your own carrier. They will repair your vehicle if you have collision coverage. You would be responsible for your deductible unless your policy allows it to be waived.

After your vehicle is repaired, your company will pursue the other company, or the other driver directly.

If you do not have collision coverage, its a waiting game. Her carrier has no obligation to pay you for damages without her statement.

Same if the situation were reversed. Your company would not pay anyone a penny without hearing your side of the story first. Only makes sense right?

Hope this helps.