Car insurance - rights of customers?

[vanillacourage]

I was rear-ended at a stoplight on Saturday. I had not heard from the other guy's insurance yet (ARGH) so I called in today and was told that they've left him several voicemails and he is not calling them back. His car was fine, so of course there is no incentive for him to cooperate.

I asked what the next step was and they said that they would send him a letter. WTF? My car is not driveable.

Anyone know if there is any customer bill of rights-style document that would require them to act within a certain time frame? I have the guy's phone number so if he hasn't called them back by tomorrow I will call him myself and let him know that I will pursue him in small claims court for a rental if he drags this out.

[LoveTrains]

I am sure this depends on your state. Some states have shockingly low minimums, so if the guy that hit you has the state minimum, you might need to hit your insurance's underinsured motorist coverage to get that kind of stuff.

Anecdote time: i have a friend who was sideswiped by a young, inexperienced driver on the highway. The girl essentially changed lanes into my friend. Her insurance had this ridiculously low limits, the insurance wouldn't return any calls, etc. My friend eventually just had to get her insurance's underinsured motorist coverage to pay for the rental, repairs, etc. She got something like a $1000 check from other driver's insurance which covered like a pittance of her repairs plus rental bills.

[uscuba2]

Yes there is a an insurance rights guide. Find the dept of insurance for your state and it is there. It sounds like they are following proper guidelines. I used to handle auto claims for all fifty states and this what i would have done. Most companies have a policy have trying make contact (read at least one phone and message) within 24 business hours with their insured and claimant. Do you have a police report? Send them and your insurance company a copy. I take it the police had the car towed? If it was not towed then the car is driveable. I would also call your insurance company and get them involved even though it's not your fault. They can get you in a rental, reduce storage costs and get your car repaired fast.

[fuckstick]

Did you file a claim with your own insurance company? If you haven't you need to do that ASAP and they will do the legwork of contacting his insurance co and riding them until things get worked out. That's why you have them.

[vanillacourage]

The car is technically driveable, but the hatchback will not latch so it is not safe to take out on the road (also will not lock, so the car is not safe to park).

My insurance company (Progressive) told me that if I file a claim through them, I will have to front my deductible and wait for reimbursement after assessment of liability, and then of course it would be considered a claim on my up-to-now perfect driving record. They also will not get me a rental without me committing to get repairs through them if it comes to that.

This is such a PITA.

[vegas]

I know you are frustrated, but it hasn't even been one full business day. They aren't going to just repair your car without at least attempting to (1) speak with their insured first, or (2) get a copy of the accident report. Since the report may not be available yet, they likely need to speak with their insured. They need to verify the facts and circumstances surrounding the accident, they do not need to take your word for it. If you are not willing to wait for the other driver's insurer, go through your insurance company. If you weren't at fault your insurance company will go after their company for the cost of the repair plus your deductible, so you won't be out any money in the end.

I think you said the other driver had USAA. FWIW, I have dealt with practically every insurer under the sun and if I think USAA is one of the best companies to deal with on a claim.

[mollybrown]

Do you have a police report that clarifies that the other guy was at fault? I get that it's really inconvenient for you, but there is no way they are going to pay a claim without talking to their customer unless you have some pretty solid evidence that it was his fault. Being rear ended sounds like a no brainer, but people come up with some crazy stories about the way that accidents happen. They owe it to their customer not to pay a claim without getting his side of the story. Unfortunately, he's using that to his advantage.

I don't think Progressive was being completely straight with you either. Whether they pay this claim or the other guy's insurance, it will show up on your record as a not at fault accident. It doesn't matter who pays. It is highly unlikely that your insurance would go up over this. The real difference is weather you have to pay your deductible up front, and how the rental is handled.

[lintscreen]

You can file a complaint w/the state department of insurance. That should get their attention.

[milkrations]

Sept 17, 2012 12:35:10 GMT -5 vanillacourage said:

My insurance company (Progressive) told me that if I file a claim through them, I will have to front my deductible and wait for reimbursement after assessment of liability, and then of course it would be considered a claim on my up-to-now perfect driving record. They also will not get me a rental without me committing to get repairs through them if it comes to that.

For the three not-at-fault accidents I've been involved with, the ease of having my insurance company deal with the other party's insurance has far outweighed the inconveniences of fronting the deductible and using an insurance approved repair facility. Also, your perfect driving record will still be perfect. Having a not-at-fault accident shouldn't increase your premium.

[littlemisssunshine]

Sept 17, 2012 13:22:58 GMT -5 lintscreen said:

You can file a complaint w/the state department of insurance. That should get their attention.

This should get their attention. My husband handles these complaints for GEICO in Florida and they are marked top priority. However if there insurance isn't a reputable company they may not care about complaints and/or not respond in a timely manner.

If the other insurance company won't work with you, you'll have to go through your insurance. That's why you have them, let them do all the leg work.

[tigress]

Sept 17, 2012 13:35:14 GMT -5 littlemisssunshine said:

Sept 17, 2012 13:22:58 GMT -5 lintscreen said:

You can file a complaint w/the state department of insurance. That should get their attention.

This should get their attention. My husband handles these complaints for GEICO in Florida and they are marked top priority. However if there insurance isn't a reputable company they may not care about complaints and/or not respond in a timely manner.

If the other insurance company won't work with you, you'll have to go through your insurance. That's why you have them, let them do all the leg work.

Really? File a complaint with dept of insurance and it hasn't even been 1 business day? I do insurance claims. You've GOT to be kidding me. What is your complaint?

[AAM2012]

Sept 17, 2012 13:22:58 GMT -5 lintscreen said:

You can file a complaint w/the state department of insurance. That should get their attention.

WTF? But the insurance company hasn't done anything wrong. They MUST verify the facts if the accident with their insured before agreeing to handle any damages. Why complain to the department if insurance?

OP: If you have a copy if the police report that may be able to use that to confirm it. Otherwise if it's causing you this much stress already I would file a collision claim with your insurance company.

[vanillacourage]

I fully understand that they must make a good-faith effort to contact their insured - but it's actually been since Saturday that they've been trying to call him and they said they have left him multiple "urgent" messages, whatever that means.

And really my frustration is that when I asked how long they let it go on with him being able to just avoid their calls they're like "well, I guess we'll send him a letter after that.....". There is no clear policy which seems ridiculous and of course hearing that a resolution could take long enough for letters to go back and forth in the mail was not what I want to hear right now.

[tigress]

Sept 17, 2012 13:49:42 GMT -5 vanillacourage said:

I fully understand that they must make a good-faith effort to contact their insured - but it's actually been since Saturday that they've been trying to call him and they said they have left him multiple "urgent" messages, whatever that means.

And really my frustration is that when I asked how long they let it go on with him being able to just avoid their calls they're like "well, I guess we'll send him a letter after that.....". There is no clear policy which seems ridiculous and of course hearing that a resolution could take long enough for letters to go back and forth in the mail was not what I want to hear right now.

So have your insurance company handle it. Accidents usually aren't convenient. But its not like you don't have options to get this taken care of. If the necessary delays are causing you problems, then get it taken care of and have your insurance company do what you pay them for.

Most people don't avoid just for the sake of avoiding. Many claims adjusters don't work on the weekend, so today would have been the first day of trying to contact him. Give the poor guy 24 hours to respond before you decide he's out to get you.

[vegas]

Sept 17, 2012 13:49:42 GMT -5 vanillacourage said:

I fully understand that they must make a good-faith effort to contact their insured - but it's actually been since Saturday that they've been trying to call him and they said they have left him multiple "urgent" messages, whatever that means.

And really my frustration is that when I asked how long they let it go on with him being able to just avoid their calls they're like "well, I guess we'll send him a letter after that.....". There is no clear policy which seems ridiculous and of course hearing that a resolution could take long enough for letters to go back and forth in the mail was not what I want to hear right now.

This is why you have insurance. Go through your carrier if this minimal delay is bothersome. They are entitled to investigate. Even with the most cooperative insured in the world it would likely take more than 3 days (which in reality is only 1 business day).

Plus if he doesn't cooperate there's always a chance that they could deny coverage (unlikely, but definitely a possibility), which could leave you going through your carrier anyway.

I know it's frustrating, but you have to understand their position. If the insurance companies just paid out every claim that was made without investigating premiums would be even higher than they already are. Be thankful you weren't injured and you have insurance.