claim unresolved

What is the name of your state? ny I AM HAVING TROULE WITH AN ACCIDENT CLAIM DUE TO AN INSUREE NOT CONSENTING TO THE ACCIDENT CAUSED TO MY SON. WE HAVE REPORTED TO DMV, POLICE REPORT ETC. CALLED HIS INSURANCE CO. MANY TIMES, TALKED WITH CLAIMS SUPERVISOR ON 08/11/06. THE COLLISION SHOP HAS DONE THE SAME PROCEDURE ALSO. NOTHING IS HAPPENING AS OF THIS MESSAGE. THE VEHICLE IS READY; THERE IS NO CHECK FOR REPAIRS; HIS INSURANCE HAS APPROVED REPAIRS; ADJUSTER HAS BEEN TO COLLISION SHOP TWICE; WE HAVE A RENTAL CAR NOW FOR THREE WEEKS AND TWO DAYS. WHAT SHOULD I DO? THE INSUREE HAS ADMITTED GUILT, BUT WILL NOT SEND IN HIS INSURANCE REPORT CLAIM. I HAVE SPENT A LOT OF TIME FOR SOMETHING WE HAVE NOT CAUSED. WHAT IS MY NEXT STEP? JOHN

John,

I'm a NC lawyer, but NY law should be about the same on this issue.

I'd give the ins, co. until Monday at 5 pm. Call them Monday morning and let them know. While they would prefer to have the report from their own insured, they don't "have" to have it, just enough information to make sure the claim is legiimate, like a police report and interviews of other people involved.

If they don't get on it quickly, you should call your own insurance company. If you have collision on your auto insurance, it will pay for your car to get repaired, and then your insurance company will go after the defendant's insurance company in a process called "subrogation." If they can't get an easy agreement to pay, then they will go into special arbitration. The good news is that the infighting won't particularly involve you.

If your insurance pays, you will have to pay your deductible, but when they get the money from the other insurance company, you get your deductible back.

On the other hand, the delays are the fault of the insurance company it seems, so they should be on the hook for your rental car, etc. Delay is costing them money in the long run. The insurance company won't want this to drag on forever because the cost of the rental car keeps going up and up.

Just keep calling them, they'll get it done, eventually. Or call your own insurance company if you really can't wait anymore.

Good luck!