Drunk driver, hit and run, not his vehicle!

[ohlenkam]

First off, name of state would be good old Indiana.
Now for the story and questions...Dec. 22, 2004 I was approaching a light with two vehicles in front of me. All of a sudden I see a woman from the front car get out and the reverse lights of the middle car turn on. Next thing I know, the middle car reverses into me, busts a 180, and takes off! He did rear-end the girl, then hit me. Police were called, and by the time they got to the scene of the accident, with a description of the car, the middle car was caught and the driver received a DUI. Now a month later, I still have not had my car fixed, I don't have a headlight, turn signal, I can't even open the hood to change my oil! Yes, I could have gone through my insurance policy, but I don't have $1,000 to hand over, nor do I have rental car coverage, so I would never even see that money back or all of my $1,000 deductible! I decided to pursue the insurer that the vehicle is covered under. It seems that they will not even open the claim without contacting their insured, which I think is bogus considering that there is a police report and it's not like there would ever be a chance of the accident NOT being his fault! I did, however, find out that the driver who received a DUI was the son of the vehicles owner. Basically, this is where I am at after a month. I call this insurance company two to three times a day, never getting an answer, nor phone call back. My agent has talked with them minimal times, and says that they won't do anything without talking to the insured and ask him if he gave HIS OWN SON permission to use the vehicle. OK...

What will happen if he says "No, I didn't give my son permission"?
-Do I have to sue the son?
What will happen if he says "Yes,.......?
-Will my car be fixed 100% ( Damage is less than fair market value)
-Will I have a rental car paid for me for loss of vehicle while it's being fixed? (Even though I personally don't have rental car coverage?)
How long can this go on of just saying that they can't get a hold of their insured?(Big Question!, W.A.C. 30 days of investigation?)
I have an address, can I have a police escort the adjuster? Is that what it's gonna take?
Is it a wise choice to decide to get an attorney involved?
What do you feel is my best option or road to take?
Should I have to put out any money for a drunk driver hitting me and leaveing the scene of the accident!?

Any advise is greatly appreciated! I'm lost for words!

 

[teflon_jones]

File it with your insurance company NOW and let them take care of it. This is one of the things you pay an insurance premium for, to have an ally when things like this happen. I guarantee 100% that your insurance company will receive a response from the other company! These excuses you're receiving aren't legitimate.

If for some reason the son of the owner isn't covered under his policy, then your insurance company can pursue it directly with the son. They'll provide a lawyer for you free of charge.

 

[ohlenkam]

File it with your insurance company NOW and let them take care of it. This is one of the things you pay an insurance premium for, to have an ally when things like this happen. I guarantee 100% that your insurance company will receive a response from the other company! These excuses you're receiving aren't legitimate.

If for some reason the son of the owner isn't covered under his policy, then your insurance company can pursue it directly with the son. They'll provide a lawyer for you free of charge.

That's just it though, I would have to come up with $1000 for a deductible and I probably would not be reimbursed for all of it. Let alone the cost of a rental car for like two weeks while my car is in the shop! That leaves me in the hole for an accident I was not at fault for.

Are you telling me that this is my best "Opportunity Cost", that is, the least costly option I have. Sorry, that terminology just popped in my head from econ. class in college.

 

[teflon_jones]

Why would you have to come up with the $1000 deductible? File it with your insurance company and accept what they offer (if it's reasonable). They will then go after the other insurance company for the entire amount and reimburse you for your deductible (with another check). You don't have to have your car fixed right away, you can wait for the second check. This will yield your lowest "opportunity cost" since all you'll be out is the money for a rental car once it's time to get it fixed. Hopefully you can use public transportation or arrange to have the car fixed quickly so that you have a minimum out of pocket expense.

This is assuming that the other insurance company will accept responsiblity. Otherwise, you'll have to wait for money from a court judgement against the other party.

 

[ohlenkam]

Why would you have to come up with the $1000 deductible? File it with your insurance company and accept what they offer (if it's reasonable). They will then go after the other insurance company for the entire amount and reimburse you for your deductible (with another check). You don't have to have your car fixed right away, you can wait for the second check. This will yield your lowest "opportunity cost" since all you'll be out is the money for a rental car once it's time to get it fixed. Hopefully you can use public transportation or arrange to have the car fixed quickly so that you have a minimum out of pocket expense.

This is assuming that the other insurance company will accept responsiblity. Otherwise, you'll have to wait for money from a court judgement against the other party.

That's correct, I have filed the claim with my insurance and the adjuster gave me the choice to either pay $1000 deductible and use my policy to fix my car and then they would go after the other insurer to get their money back. While using words like "You should" and "Get most" of my deductible back. OR to continue to go straight through the other insurance company until they open the claim and accept responsibility. Presently, they are not accepting responsibility until they have contacted their insured and he tells them that he, in fact, did give his son permission to use the vehicle.

By the way, what did you mean by second check? The first being my deductible reimbursement (hopefully all $1000) and the second being....?

 

[teflon_jones]

Sorry, I should have been more clear! Some insurance companies will cut a check directly to you instead of to a body shop. What is your insurance company going to do? If they'll cut it directly to you, you can wait to have the car repaired. Normally you pay the deductible directly to the body shop, not to your insurance company. So if you wait, then you're not writing a check for anything right away.

I was referring to the first check as the cost of damages minus your deductible, and the second check as the reimbursement of your deductible to you.

 

[JReyes]

I have seen alot of claims like this. You will be shocked, but it is true that the other company by law does not have to pay anything out until they get a testimony from their insured no matter how "at fault" the other driver is.

I only have three words for you, "small claims court". Insurance companies do have limitations, i.e. can't force insured to contact them for a testimony. However, a court could get a subpeona to make the other driver come in and testify in court. You could even sue him for rental coverage and court fees.

One more thing. If the son is on the the father's policy then they will be held responsible to pay the claim, the insurance company, because he is covered by policy.

 

[ohlenkam]

Sorry, I should have been more clear! Some insurance companies will cut a check directly to you instead of to a body shop. What is your insurance company going to do? If they'll cut it directly to you, you can wait to have the car repaired. Normally you pay the deductible directly to the body shop, not to your insurance company. So if you wait, then you're not writing a check for anything right away.

I was referring to the first check as the cost of damages minus your deductible, and the second check as the reimbursement of your deductible to you.

Gotcha, sounds logical. I'll have to look into that, whether or not they send the check to me directly. I really can't hold off any longer, though, to get my car fixed. I think other problems are starting under the hood that I can't open. Thanks for the advice, you've been very helpful!

 

[teflon_jones]

If you're sick of waiting, then small claims court would be another possibility, and the owner of the other car will most likely show up (if they're smart). Otherwise they're only helping you!