I was rearended and the person who hit me has insurance but the ins. company is putting me off by saying that

Question

they are still investagating and that there is a question about who was driving the car. I really didn't think that should be a problem. I thought the insurance followed the car. Why should I have to wait? She also said they were waiting to get the damage of the the car that hit me, what would that have to do with them paying for my damage? Any help would be appricated

Answer 1

GET A LAWER NOW AND THEY WILL PAY  

Answer 2

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Answer 3

I am confused by which insurance co. said what. Did you talk to your insurance co. or theirs? I would call mine first and see if they will deal with the other person's insurance co. I assume the person who hit you

had full coverage which will cover your car if she is at fault but not if you are deemed at fault. You might

want to get an accident report from the police or sheriff dept. and make copies. If she is at fault her insurance co. should pay for damages. Was there any injuries to you or the other person? I know I had to get an attorney to get  (we both had same co. but it was the other driver's fault) them to cover my medical but the ins. co. did fix my car right away.

Answer 4

Consult a lawyer. They are trying to drag it out. There should be no question as to whom was driving the car with a copy of the police report. Get a copy and fax it to them and then tell them that now they don't have to worry about that one anymore. As far as them needing to get the damage of the other car should not have anything to do with your damage, you are correct. But talk to a lawyer, it's sounding like you will need one if you want your car fixed any time soon. Good luck.

Answer 5

You should have used your own insurance to handle the matter.  You probably still can use them.  You pay pricey premiums for protection and representation, use them.  Always, always report any accident/incident to the police and to your own insurance company.  ALWAYS !

Answer 6

This isn't your problem, and you shouldn't be talking to their insurance company. Tell your agent what the deal is, becuase if the other guy's insurance doesn't pay out, yours will have to. The agency has the means to take care of this.

Answer 7

The best thing to do is to file under your insurance if you have collision coverage.  You will be out your deductible but you will get your car fixed in a timely manner.  Once you are paid, your insurance company will go after the other insurance company (subragation) to get their money AND your deductible back.

If you do not have collision, you will have to wait until they finish their investigation.  They have to find out the driver because it is possible there are excluded drivers on the policy (if allowed by your state) & if an excluded driver was driving, their insurance will deny coverage & will not pay you.  Also, there is a clause in all policies that states the insured MUST cooperate with any claims investigation & if not, coverage can be denied.

Insurance DOES follow the car, however, it can cover some drivers & not others, depending on the policy.

The company also wants to be sure the damage to the other car is consistant with the damages to your car.  This is normal procedure.

If the claim to the other company gets denied - you will have to file under your collision (if you have it) or your uninsured motorist property damage coverage (if you have it).  If you have neither, you will have to take the other party (both the owner of the car & the driver of the car) to court & HOPEFULLY collect that way.  You will likely get a judgement against them, but, whether they pay or not is another story.

This is why it is so important to have collision coverage, or uninsured motorist (INCLUDING uninsured motorist property damage - if available).

Good luck to you.

Answer 8

Get your insurance company on them. Also contact your state's insurance commissioner and report the insurance company.

Answer 9

>>  they are still investagating and that there is a question about who was driving the car. I really didn't think that should be a problem.

They are stalling for time to run out.  Many legal things have time limits. I learned after my wife's car accident that there's 30 day limit in filing a personal injury law suit.

So they are dragging things out till more time runs out - and they try to deny your claims.  Talk to your own insurance company or get a lawyer.

Good Luck...

Answer 10

I agree with above person. Call your insurance co.

Our insurance company did everything for us. within a week we had a check in our hands and a rental car paid for by the person who hit us. easy easy, you shouldn't have to deal with them thats why you pay your insurance company.  

Answer 11

Well - if the person driving their car did not have permission - then it may be considered non-permissive use and could affect coverage.

Think of it this way - if your car is stolen - the thief rear ends someone. Do you think your insurance should pay for the car that was hit because "insurance follows the car. I really didn't think that should be a problem."

Probably not. And - in this situation it would not. However, the insurance adjuster would have to confirm that the car was stolen at the time of the accident.

So - if you have collision coverage on your vehicle - call your company and report the claim to them. They will use your collision to fix your car and then they will go back against the other company to get paid back (it's call Subrogation).

P.S. - As far as time limits go - there is one in every state - It's called the Statute of Limitations. In most states is 2-3 years. However some states (like Florida) it's 4. The shortest one I know of is Louisana - 1 year.  There is no 30 statute of limitations - so no, the company is not trying to drag this out to get past the statute of limitations. They are investigating the claim.