I got hit and she wont report to her insurance

[dnlock]

What is the name of your state? Tennessee

I was in an accident (not my fault). She was pulling out of a parking space as I was comming to a stop at a stop sign, and she backed into me crushing my back passenger side door. I called her insurance company to find out the status of the claim and was told that they were never contacted. So I took the accident report to the local office and was told that they would contact me if she contacted them, that they can do nothing untill she contacts them. I have attempted to contact the driver many times with no success.

I did report the accident to my insurance company incase the driver didn't have insurance.

So what do I do now.. How long does she have to report this to her insurance company and have them pay. Should I claim this on my uninsured motorist, or sue her..

 

[justalayman]

You should actually ask your insurance company. Not knowing your policy, your insurance company can give you the best answers.

If you have insurance through your insurance co, and she fails to start the process on her end, your ins. co. should pay to have your car repaired and then sue her (if neccessary) to recoup their costs.

As far as time lines, I don't know if the is a statuatory limit for this. Generally it is between her and her insurance company.

 

[ablessin]

I "think" there is a 45 day time frame to file a claim

 

[stephenk]

get a repair estimate for the damage and then sue the driver in small claims court. She will either report the accident to her carrier or not. If you win the small claims action submit the judgment to her carrier and they will pay the award, regardless of whether she reported the claim to them.

 

[MandyD]

I "think" there is a 45 day time frame to file a claim

Filing a claim and reporting an accident are two different animals. Now I will admit I'm not up to date on laws and regulations in every state, but I can't imagine there isn't any insurance company that allows for a 45 day interim before reporting an accident.

 

[Trucking Mad]

Whats really going on!

What is the name of your state? Tennessee

I was in an accident (not my fault). She was pulling out of a parking space as I was comming to a stop at a stop sign, and she backed into me crushing my back passenger side door. I called her insurance company to find out the status of the claim and was told that they were never contacted. So I took the accident report to the local office and was told that they would contact me if she contacted them, that they can do nothing untill she contacts them. I have attempted to contact the driver many times with no success.

I did report the accident to my insurance company incase the driver didn't have insurance.

So what do I do now.. How long does she have to report this to her insurance company and have them pay. Should I claim this on my uninsured motorist, or sue her..

Thats what your Ins. Co. is for, to protect you. You reported this to your Ins. Co. and they will handle this for you! Stay cool and in contact with your agent/ adjuster.

 

[ablessin]

Filing a claim and reporting an accident are two different animals. Now I will admit I'm not up to date on laws and regulations in every state, but I can't imagine there isn't any insurance company that allows for a 45 day interim before reporting an accident.

You are probably right. However, in my experience, I can tell the OP this - if the other person involved didn't report accident to their insurance carrier right away, there is a problem.
Was there a lot of damage to his (or her) car? How much damage to your car? (how bad is the crushing of the door) Sometimes, if there is not a lot of damage, a person won't report it to the insurance. This is for several reasons - one : too many other filings on policy 2: don't want rates to increase; 3: they don't have insurance.

You need to get on the ball here...... push the matter with your insurance carrier to get things going. The squeeky wheel gets the attention!!

Good luck

 

[luvbskts]

What is the name of your state? Tennessee

I was in an accident (not my fault). She was pulling out of a parking space as I was comming to a stop at a stop sign, and she backed into me crushing my back passenger side door. I called her insurance company to find out the status of the claim and was told that they were never contacted. So I took the accident report to the local office and was told that they would contact me if she contacted them, that they can do nothing untill she contacts them. I have attempted to contact the driver many times with no success.

I did report the accident to my insurance company incase the driver didn't have insurance.

So what do I do now.. How long does she have to report this to her insurance company and have them pay. Should I claim this on my uninsured motorist, or sue her..

We had kind of the same accident. The other driver was from Mi. where they have "no fault" insurance. The accident happened in IN where we place blame We turned it into our insurance and they treated it as an uninsured claim. We paid our deductible. They in turn worked something out with the other driver's insurance company and we got our $$ back. It took about 6-9 months to collect. But, by turning it into ours first, the car got fixed right away.

Hope this helps