I need help with auto insurance claims in virginia. Am I being taken advantage of?

Question

I was rear-ended at midnight June 26th. I was going 25mph in an acura integra and was rear ended by a Dodge 1500 pick up going 50mph. The driver hit and run (leaving the plates from his sisters car). The officer charged the driver. His insurance company (progressive) looked at my car , totaled it, and took a recorded statement. The driver had a revoked license. The insurance rep. said for a week they were waiting to speak with the driver to see who was at fault, but no one can find him. I then got a lawyer, which nothing has happened since then for the same reason, no one can find the driver. The driver has a lawyer so he wont talk to the cops. The cop says he'll be let off because they cant prove he was driving. So will I get any insurance money? It is now July 30th. I heard there was a 6 week limit that the insurance has to do something legally. Thanks so much. PLEASE HELP!!!

Answer 1

I recommend you visit a nearby auto insurance agent to assist you. Since I live in Colorado I can't suggest an agent in Virginia, but here is an online resource that can help you. http://www.multipleautoinsurancequotes.c...



Good Luck!

Answer 2

Insurance companies have the duty to investigate the claim, to basically make sure they have the correct facts of the accident.  They have what you say as you're being cooperative.  However it seems they are having trouble getting the other driver's facts as he's been uncooperative.  For all the insurance adjuster may know, the other driver who they can't seem to reach may say yeah, I was driving but you cut him off and then slammed on the brakes or have a different version that makes you at fault or partially at fault.  So they need to contact him to confirm what you say.  That being said if they can't get a hold of him they really can't investigate well.  In insurance policies, the policy states that any one who is insured, meaning the owner and the driver of the vehicle, both have too cooperate with the insurance company and if not they can deny covering them.  However most insurance companies like to give a valiant effort in reaching their insured as they don't want to end up with the insured's suing them for bad faith, etc.  Likely if they don't hear from the driver, they will deny coverage which means you won't get paid from them.  However at that point the driver won't have insurance so then file your UM claim.  I would call the adjuster and ask how long he thinks its going to take to do his investigation and if he's going to deny coverage, etc.

Also, you may file suit, or a small claims against the driver or vehicle owner, however that may end up at your cost, especially if the driver is denied coverage and the driver may have no money.

Answer 3

This happens all the time. The fact is the only person that can file a claim is the owner of the insurance policy. If he/she does not then you will be forced to go through your own insurer, which you should have done three weeks ago. They will pay you for your car (providing, of course, you have UM and collision coverage), then they will pursue the other party for recovery.

Answer 4

Whether they find the driver is irrelevant.  It is a known fact from statements that the vehicle damaged your car. The insurance that goes with truck has to pay for damages. Have your attorney send Progressive a letter stating that the matter needs to be settled immediately.

Answer 5

a 6 week limit?  You wish.

We agreed upon a price for my car June 18th & my attorney just today got paid.  (which means one week from NOW I'll get paid)

My car accident was October of 07 and I happen to know someone it took 4 years to settle their claim.

Yes they might try to take advantage of you - but you're in the early stages  yet.

Answer 6

One of my friends asked me this kind of questions before,I found helpful here.http://car-insurance.bestips.info/car-in...

Answer 7

They may be claiming the car was used without permission of the owner so there is no coverage.  Hope you have your own insurance to help with the damages. Good luck.