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gremlyn

Junior Member
What is the name of your state? Florida

What is the name of your state? Florida

Last month, I was involved in an auto accident. The accident was the other driver's fault. She ran a stop sign and crossed a state highway (my posted speed limit 60 mph) directly in front of my vehicle. I have a copy of the police report. All should be going well.

However, she did not own the vehicle. She did not have a valid license. Police report says her Licenses was Suspend/Revoked with Knowledge. It is her second offense for this in 12 months. She was also cited for Failure to Yield at a Stop Intersection. The owner of the car's insurance compay says that they have to verify that he gave her permission to drive and talk to the driver. Although they say they had attempted to contract the owner, he says that he had no knowledge of the accident until I phoned him about three weeks after the accident. He called the insurance company and admitted giving the woman permission to drive his car. But, now the driver has disappeared and her residence is vacant. She still has the vehicle and 35 days after the accident the owner has gone to the police station to report it stolen at his insurance company's suggestion.

My insurance company says to deal with the other company. My car is totalled and I have no transportation.

What happens now? Does the owner get off the hook because he decides after the accident to report the car stolen? I am so frustrated and no longer understand what I am being told.

Thanks for any thoughts,
gremlyn
 


ecmst12

Senior Member
Neither of them are "off the hook". At the time of the accident, the driver had permission to be driving the car. The insurance company is probably trying to get a statement from the driver in order to complete their investigation. After a certain point, if they are unable to track her down, they will make a decision based on the available evidence, but there is likely no set amount of time, and no way to force it. If you don't have collision coverage on your insurance, your only choice is to wait, or file suit against the owner AND the driver.
 
In California..... If you give the keys to someone YOU CAN"T report the car stolen... no matter what happens.... Dunno if anything like this exists in FL...
 

ldav2

Junior Member
My insurance company says to deal with the other company. My car is totalled and I have no transportation.
I would file a claim with your insurance company and MAKE them deal with the other insurance company. You might have to pay your deductible up front and get it back later. Talk to the AGENT who sold you the policy not the adjusters. If you bought your insurance from one of those discount "no agent" companies then you may have to deal with whatever representative they give you. Either way, if you had an accident you can file a claim with your insurance company to get yourself moving again. Check your coverage and make sure you policy covers uninsured motorist. I suspect from your post it will not matter either way since the owner had insurance on the vehicle but just in case you might want to cover your basis. Myself I would file a claim to get my car fixed ASAP in any case.

I give this advice only having been through the same situation. I am not a lawyer nor do I work in the legal or insurance field.
 

ecmst12

Senior Member
If he doesn't have collision, which it sounds like he does not, his insurance company can't help him. And your AGENT can't help you other then possibly filing the claim for you, once the claim is filed you will HAVE to deal with the adjuster. Refusing to deal with the adjuster only makes the process slower.
 

TinkerBelleLuvr

Senior Member
Florida has no fault insurance. OP - talk with your agent to get you moving; the insurance company will do battle with the other insurance company.
 

moburkes

Senior Member
Talk to the AGENT who sold you the policy not the adjusters. If you bought your insurance from one of those discount "no agent" companies then you may have to deal with whatever representative they give you.
I give this advice only having been through the same situation. I am not a lawyer nor do I work in the legal or insurance field.
As an insurance agent, please explain to me what I can do in a claims situation, that the adjuster who is paid to adjust the claims cannot do. I'd love to hear the answer.
 

ldav2

Junior Member
If he doesn't have collision, which it sounds like he does not, his insurance company can't help him. And your AGENT can't help you other then possibly filing the claim for you, once the claim is filed you will HAVE to deal with the adjuster. Refusing to deal with the adjuster only makes the process slower.

I only gave advice on my past experience. I was having a difficult time with my adjuster giving me what I thought my automobile was worth it had been a couple of months. I did my research finding vehicles in my area that were similar and the adjuster refused to work with me. I then talked to a close friends dad who is a civil litigator and he suggested I speak to the person that sold me the policy. He said taking it to the AGENT that sold me the policy was my only recourse unless I planned to take legal action against the insurance company. He explained my agent had the most to lose from that company not the adjuster. MY AGENT TOOK ALL THE INFO I GATHERED AND THE NEXT DAY IT WAS SETTLED. Talk to your agent he sold you the policy - exactly what my friends LAWYER dad told me to do. IT WORKED. Was not slower like you suggested.

It did not appear he only had liability to me from his post. Actually the OP did not mention his coverage at all only to say his insurance company told him to deal with the other persons insurance company. SO, if your right and he only has liability then filing a claim with his insurance company would do no good. But if he does have collision then my suggestion would be his best course of action to get back into a car.

Again I will say to talk to your AGENT and explain the situation. If you have full coverage file a claim.

Another suggestion was to always get the rental car option. It will also help speed up the claims process as insurance companies do not like to pay for a rental and will work faster to get your money.
 

ldav2

Junior Member
As an insurance agent, please explain to me what I can do in a claims situation, that the adjuster who is paid to adjust the claims cannot do. I'd love to hear the answer.
Just passing on info a civil litigator gave me. He suggested to me, when I was not getting the proper amount for my vehicle to talk to the agent that sold me the policy. He (the lawyer) said the agent has the most to lose if you change your insurance policy not the adjuster. What I failed to mention in my original reply is talk to the agent if the adjuster is giving you problems. I simply just talk to my agent now.
 
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