Repost: At-fault driver insurnace company giving me the run around.

[JBoy888]

Reposting because my previous post seems to be bugged and isn't showing. I am unable to see the old post to hit the delete button as well.

Georgia:

I was hit by an on duty UBER driver on his phone who failed to turn left with his left signal on while in the left turn lane . He continued straight and side swiped my vehicle as well as pushed me up on to a curb. He was issued a ticket on site. This was reported a month ago. His insurance co. (which is the same as mine), specifically the adjuster, is giving me the run around and is withholding details and dead lines regarding compensation and getting my vehicle fixed. The adjuster keeps recommending I use MY coverage to file for the repair during their investigation which I refuse to do, it seems unnecessary and fishy. More over, I do not have the capital to cover my deductible which the cost of the repairs to my vehicle would certainly require all of. There is no one assigned within the insurance company to look out for my best interests and every time I try to get any info, I get stone walled. I am hoping there is another route I can take to yield better results and answers.

Thank you.

 

[PayrollHRGuy]

You should make a claim with your carrier. This will put into action the carrier's legal obligation to defend you. Right now they are defending the other driver which is also their duty.

 

[HighwayMan]

He was issued a ticket on site...

Which generally means nothing.

 

[JBoy888]

You should make a claim with your carrier. This will put into action the carrier's legal obligation to defend you. Right now they are defending the other driver which is also their duty.

Hello, thanks for your response! I initially opened a claim with my insurance company from the scene of the accident. Once it was determined it wasn't my fault, they closed my claim stating that it was only initially created for informative purposes. You're suggesting I reopen that claim in my name and file for the damages with my policy, correct? In doing so, wont that make me liable to pay my required deductible up front before any repairs can be made while also increasing my rate? If the investigation determines that he doesn't not have the proper coverage to take care of the repairs to my vehicle (which he should have if he is driving for UBER I would assume), wouldn't I be SOL and out the cost of my deductible?

 

[Zigner]

Hello, thanks for your response! I initially opened a claim with my insurance company from the scene of the accident. Once it was determined it wasn't my fault, they closed my claim stating that it was only initially created for informative purposes. You're suggesting I reopen that claim in my name and file for the damages with my policy, correct? In doing so, wont that make me liable to pay my required deductible up front before any repairs can be made while also increasing my rate? If the investigation determines that he doesn't not have the proper coverage to take care of the repairs to my vehicle (which he should have if he is driving for UBER I would assume), wouldn't I be SOL and out the cost of my deductible?

If he was driving for Uber, then Uber's insurance would be the one covering him. THAT may be why you're not getting action.

 

[PayrollHRGuy]

I'm suggesting making sure that you get the legal representation you are owed by the insurance carrier. He is getting it from his carrier so you should as well. The fact that they are providing it is a sign he likely has coverage.

You had a claim. You likely had a claim rep. Contact the claims rep and tell them what is going on.

 

[Zigner]

The fact that they are providing it is a sign he likely has coverage.

They're not providing legal representation (at this point.) They have assigned an adjuster who may have realized their coverage is secondary.

 

[PayrollHRGuy]

Let me rephrase. The other guy's interests are being represented by the carrier and the OP's are not.

 

[Zigner]

Let me rephrase. The other guy's interests are being represented by the carrier and the OP's are not.

It doesn't really change my answer. At this point, the other guy's interests aren't really being represented by anyone since the OP can't get an answer. If his insurance has determined they are secondary, then they may just be waiting. The OP should definitely move forward with his own claim, as was suggested above. He should know that he likely won't have to pay the deductible just to get things started, rather, he'll have to pay it to pick up his car when it's repaired.

 

[PayrollHRGuy]

The OP's interests are not being represented unless you think the below is a sign that they are.

"His insurance co. (which is the same as mine), specifically the adjuster, is giving me the run around and is withholding details and dead lines regarding compensation and getting my vehicle fixed. The adjuster keeps recommending I use MY coverage to file for the repair during their investigation which I refuse to do..."

 

[Zigner]

The OP's interests are not being represented unless you think the below is a sign that they are.

Who said they were?

 

[Taxing Matters]

Reposting because my previous post seems to be bugged and isn't showing. I am unable to see the old post to hit the delete button as well.

Georgia:

I was hit by an on duty UBER driver on his phone who failed to turn left with his left signal on while in the left turn lane . He continued straight and side swiped my vehicle as well as pushed me up on to a curb. He was issued a ticket on site. This was reported a month ago. His insurance co. (which is the same as mine), specifically the adjuster, is giving me the run around and is withholding details and dead lines regarding compensation and getting my vehicle fixed. The adjuster keeps recommending I use MY coverage to file for the repair during their investigation which I refuse to do, it seems unnecessary and fishy. More over, I do not have the capital to cover my deductible which the cost of the repairs to my vehicle would certainly require all of. There is no one assigned within the insurance company to look out for my best interests and every time I try to get any info, I get stone walled. I am hoping there is another route I can take to yield better results and answers.

Thank you.

Your insurance carrier owes you two obligations: (1) to pay you for the damages you suffered from the accident pursuant to the coverage you have under your policy and (2) to defend you on claims of negligence in an accident made against you by someone else. You refuse to make a claim under your policy so the duty under (1) is not triggered and so far it seems no one is claiming anything against you so the duty under (2) is not triggered. Your problem here is that you want compensation from the insurer for the negligence of the other driver and thus your insurer is acting in its role to protect the other insured — the Uber driver. So of course the insurer is going to drag its feet on doing anything; that’s a classic insurance company tactic when dealing with claims against their insureds. If you want to get the ball rolling, you need to sue the other driver for your damages. Depending on how much those damages are, you might be able to do that yourself in small claims court. If the amount exceeds the $15,000 limit of small claims (magistrate’s court) then you’ll want to consult a lawyer about suing in state court.

But why do you refuse to make the claim under your own policy? I’m not seeing the advantage to you in doing that. This is why you buy collision coverage in your insurance policy in the first place, after all: to pay for your damages in an accident. If you don’t plan to use it when you need it then you are wasting your premiums for insurance you won’t use. I suggest you make the claim and get paid what your insurance will cover. If you have a deductible to pay, you may then sue the other driver in magistrate’s court for that. This way you get most of your damages covered quickly rather than waiting out the process of suing to get it.

 

[HighwayMan]

But why do you refuse to make the claim under your own policy?

Seems as though he's hell bent on not paying his deductible. He's not getting that he'll get it back IF the other driver is determined to be at fault. If not then he won't get a dime anyway.

He needs to file a claim through his own policy.