I live in il. who over see's the ins. companies

Question

I have a problem,their insured hit me and she has not retured her paperwork back in to her co. So the adjuster told me she might have to deny the claim because her insured is'nt coroperating.

Answer 1

OK, the IL Insurance Department oversees insurance departments . . . but there isn't a problem here they can interfere with.

See, HER insurance company has no duty of good faith towards YOU, only towards HER.  So, if you want an insurance company to cover you, you have to put the claim in with YOUR insurance.  

OR, you can sue her.  THat's it.  The other insurance company, if their insured won't cooperate, CANNOT work against their insured!  That would be illegal.

Answer 2

This is what you do, go thru your Ins Co. Unfortunetly you will have to pay your collision deductible(if you carry that coverage, I hope you do). But in the end your ins co. can subrogate if they find the other party at fault. Which means your Co will send them all the supporting documents/bills and ask for immediate payment from the Ins Co. That pymt includeds your deductible, which your Ins Co will send back to you. It is your Ins Co job to fight the claim on your behalf. You should not have to fight with the other insurance company. That sounds a little weird that the other Ins Co is going to deny the claim just because the policyholder is not responding. I used to work in Auto Claims, and I never denied a claim just because my policyholder was not calling back or turning in whatever we were needing. Yes, there may be a waiting period before that company can do anything (if the PH is not cooperating). If your not happy with the results from the other company, contact your state's department of insurance and lodge a formal complaint or see if you can get in touch with a manager at the Ins Co(usually very hard to do). Remember, you always have the option of letting your auto policy take care of it and having your Ins Co subrogate. Again, that is if you carry collision coverage on your policy, otherwise your kinda up the creek and will continue to have to fight.

Answer 3

The other co can legally deny a claim based on non-cooperation of their insured, it is in all insurance contracts. Read yours & you will see it, it is near the end of the policy. I believe it is under your duties after a loss. They cannot fully investigate the claim because their insured is not cooperating with the investigation & they are contractually bound to fully investigate all claims against the insured.

There is nothing the IL Dept of Insurance can do for you because what the other company is doing is 100% legal.

As others have said, if you have collision coverage, file there & pay your deductible. Your company will attempt to collect from the at fault party's insurance, if they are unsuccessful in this, they will then go after the person herself for reimbursement for the damages, including your deductible. If they are still unsuccessful, they may pay under uninsured motorist property damage (if you have it) & return your deductible then. They will still continue to try to collect from her, take her to court, attach wages, seize assets, whatever they need to do (depending on the size of the claim too - if it is only a few hundred dollars, they may not go this far but for several thousand they may). They have the attorneys & the time to do this for you. That is what you pay insurance for.

If you do not have collision but DO have uninsured motorist property damage, you may be able to file directly there but FIRST you will need a letter of denial from the other party's insurance company.

If you do not have collision & do not have UMPD, you would have to take the other party to small claims court, assuming your loss is less than the threshold, if more, you would have to take her to regular court.