I was hit in a car accident. my insurance company refuses to help. what do i do?

Question

i was in an accident, not my fault. my car is damaged and i had to go to a hospital. police got the other woman's info and said i should give my insurance the report number and they'd sort out the mess. now my insurance is telling me i can either deal with the whole thing myself, which would mean waiting till monday since i won't be able to get any info from police earlier, or file a claim against my own insurance, pay the deductible and probably get a increase in price later.

2 questions - first, should i wait till monday, or is there anything i can do till then? and second, what in the world do we pay insurance comanies for???

Answer 1

Usually if you're not the fault then the other person's insurance pays, from what I understand  

Answer 2

You dont end up paying a deductible until the repairs are done anyway. Go ahead and have your company start the claim if you want to.  If the other insurance company accepts fault, then no problem they will turn it over to then.  If not though, you already have your claim with your insurance open and they can investigate the fault and work for you.

Answer 3

Thats why I use one of the major insurance companies!  They take care of this for me.

The state where I live you could file against your insurance company for this sort of thing.  Look up your states insurance comissioner and give them a call.

Answer 4

first, you should file a claim against the PERSON's, who hit you, insurance company. Not yours.

do you have the woman's info? Then call their insurance company with your info, the police report and work with them. IF they aren't going to do anything, then, YOUR insurance is supposed to help you in that situation (to negotiate with that woman's insurance)

Answer 5

The police mis-lead you a little bit. Your insurance company can not act like your legal representative. Only lawyers can do that. So they can't call and handle your claim with the other company as your representative.  It's not that they don't want to --- they legally are not allowed to.  

Also- at some point you have to deal with the other company yourself. The other adjuster will need to get a statement from you about what happened. Your insurance agent can't do that for you. The other company will need to make an appointment to see your car - again, it's really best for you to set that up since you know where your car is and what your schedule will allow.

So along with it being a legal reason -- it's also easier - since they can't do it all for you.

Most insurance companies are closed on the weekend. So yes, Monday would be the earliest you could talk to an adjuster. Many companies have call centers that are open on the weekend so you may be able to report the claim. But other than that - not much you could do.

Is your car safe to drive? If no - can you do a temporary repair to make it safe? Nothing major - but if it's not drivable b/c a tire is flat - put on the spare. If the bumper is rubbing the wheel- pull the bumper back.

If you are not sure if your car is safe - take it to a repair facility and let them look it over. They can tell you if it is unsafe.

As far as your deductible goes. The deductible applies any time you use your coverage - regardless of fault. When you took out your insurance you agreed to pay for the first 500 (or what ever your deductible is) if the insurance company would pay for the rest after that.  

The deductible is a per occurrence thing. It's not like health insurance where you meet it once for the year. It applies every claim - regardless of fault.

Here's how the deductible works - the insurance company writes an estimate to fix your car. They subtract your deductible from that amount. When you get the car fixed - you pay the shop the money the insurance company gave you and your deductible.

If your car is a total loss - then they determine the value of your car and subtract your deductible. This is the amount they pay. You then take that money and your deductible and go buy another vehicle.

You can file under your collision coverage. Your company will pay for your damage less your deductible. Then they will go back against the at fault party to recover the money they paid and your deductible. Once they get paid - they forward your deductible onto you. The process is called subrogation.  It can take several months for them to collect your deductible back. All depends on what they have to go through to get it.

The advantage to using your coverage is you get to deal with your own company. Some people feel better about that. And it does not matter if the liability investigation is complete. Your company adjuster can go ahead and fix your car - even if they have not completed their investigation.

The down side - some companies may raise your rates - even if the code the claim - not at fault.

You can also file a liability claim directly against the other person's company. They will have to do an investigation before they agree to pay you. They will probably get a statement from you about what happened - inspect your car. They will also have to do the same with their policy holder. They may want to get the police report.

Once they complete their investigation and decide that their policy holder is responsible for your damage - they will make arrangements to settle up with you.

They will not agree to pay for anything until they have completed their investigation. Sometimes its just as simple as calling their person and confirming with him what happened. Sometimes its more detailed.

If you don't have the other person's information to file a claim - there is not much you can do.  Even if your insurance company claims department was open on the weekend -- if you can't get the info until Monday - neither can they.

Police departments are very difficult for adjusters to get info from. It's actually easier for you as a private citizen who was involved in the wreck.  Police departments tend to make insurance companies request everything in writing and then they respond in writing.  I think they do that b/c they know that if adjusters could just call up and get info -- we'd be calling them all the time.

This is just a real quick over view - hope it helped.

Answer 6

Im so confused about what on earth you think your company is doing wrong.  I find that its generally peoples own ignorance that makes them think others are doing something wrong.  

They are completely right... you can..

A)  Go through your collision coverage you have with them.  THAT is what you pay for your insurance for.. to use that coverage.  (also you pay for insurance in case you ever god forbid cause a serious accident with major property damage and bodily injuries- trust me- you dont know you need until you really need it!)  

or

B)  File through the at fault parties insurance. Your insurance simply can't do this for you legally... it wasnt them in the accident.. it was you! They cant speak for you!   They cant just give out all your personal information and do recorded statements on your behalf and schedule appointments for your estimate and negiotiate your injury.   The other parties insurance would never let someone else talk for you.. they legally cant ahve anyone but you make your decisions. You will have to authorize repairs and give a statement and negiotiate your injury.

Again-  Im thinking your very naive here and its your own lack of education in insurance  that's making this confusing.  They WANT to help you.. and they will help you if you go through your insurance.. but they simply CANT act on your behalf and do the work for you if you want to go through the other party. Not because they dont want to... b/c they arent you and legally cant make decisions and statements on your behalf.

Does that  make sense?  Sorry.. its very disheartening to hear someone say insurance does nothing for them when you have NO IDEA what a relief it will be when you need them one day and are at fault in a major accident.

EDIT:  But you WOULD get your deductible back for you- but that doesnt change the fact your contractually obliged to pay your company your deductible to begin with.  Maybe they should have explained THAT to you and if they didnt that was wrong of them.  If you go through your carrier... after they pay out for damages they are going to go after the at fault party and send them a bill demanding repayment.  They will attempt to get their money as well as your deductible back for you!  (see- they are working for you- thats what you pay them for :)   )      Its a process called "subrogation" and when they get your deductible they will mail it to you.  But if you refuse to pay your deductible at all.. like i said above.. its very limited what your adjuster can do regarding the other carriers insurance.. they simply can't act on your behalf.

Answer 7

The insurance company gets paid to file your claim! Tell them the accident wasn't your fault and they can either help you or you will find an agent who will. If the agent looses you as a customer, they also loose money. Also tell them you will report them to their parent company.

Then do it!  You can go to any agent who sells the insurance you have. Don't pay the deductable and don't allow the insurance agent to sit down on the job. You can also report them to the state's professional licensing board if they are truly at fault here.

It's Saturday now, you'll have to wait till Monday anyway. Go get the accident report anyway just in case you need it later and make copies!!