What can I do about getting reimbursed for an accident?

Question

I was hit in Mpls, MN by a driver and it rendered my vehicle undriveable. I have liability coverage on my vehicle. There was a police report filed and the driver of the car that hit me gave his insurance information. After talking to his insurance company, they gave the impression that I am out of luck since he never called the claim in to them. I spoke with my insurance agent and was told that they would only represent me if I had full coverage. Something seems wrong here. Is there any way to avoid court in this situation? Thanks in advance.

Answer 1

If the accident was his fault to my understanding his insurance company HAS to pay. I've never heard of an insurance agent not handling your case because of having only liability. I have always only carried liability and never had any trouble. I would call my insurance company back and ask to speak to a manager or if it is a national chain call their corporate office. They are your agents regardless. Good luck and I hope things work out for you.

Bethany

Answer 2

when you report a claim to another person's insurance company they are obligated to do an invesitgation.  Part of that investigation is to confirm the facts of the loss with BOTH drivers.  If one party only reports then it is a one sided loss report.  Did the polcie come to the scene and do the report when BOTH drivers were there as this is impotant.  Usualy if there is a police report filed the other insurance will take a look at it.  However the other insured is in violation of their insurance contract.  He has a duty and an obligation to coopearte with them in their investigation.  If they don't then the insurance can deny the claim based on non coopeartion as this "voids" the contract.  Most insurance companies will give the insured every opportunity to try to get in contact with them.

I've had to deny several claims like this.  Usualy though I don't have a police report to help me but I hate doing it.  Unfortunately I have no choice.  Let your insurance handle this.  the most you are out is your deductilbe and they will go after his insurance and/or the driver for payments.  that will usually get the other driver's attention.

Answer 3

Most companies will set up a new claim whether it's reported by the policy holder or the claimant (you're the claimant).  check with you state insurance department to see if the company is allowed to take claim reports on;y from policyholders.  If so, you may have to take him to court.

Answer 4

You need to file a claim with his insurance company. If it was his fault it's supposed to be his liability insurance that covers the damage. If the police report states that it was his fault it should be easy, otherwise you may need to take his insurance company to court.

Answer 5

Whether he called it into them or not, you have a claim for your damages.  Make a claim for your losses, and include a copy of the police report.  If they don't take action, take the driver to court, that will be your only option then.

Your agent is correct, they will pay out if there is a claim against you and you are found at fault, but since you didn't opt to have collision coverage, they have no obligation to assist you if someone damages you.  Most agents are nice enough to at least give advice though.