Counterparty found at fault, insurance company not responding need to take to claims court

[FMLA]

I'm in Illinois. Early last month I was rear-ended with a fender bender. The other driver was found at fault by the officer and duly noted on the report as "unit 1". Several days go by and I call their insurance company to find they did not report it. The customer service rep is gets an attitude when I tell them they were at fault.. no big deal. They will call me. They never did.

I call them later that month to file the claim. They tell me that they won't accept my estimate from my chosen collision center - a Audi certified and BBB company. I have to go to one of their facilities. I tell them to send one of their adjusters to view the damage to my home. They say no, I have to go to their one of their shops. We have been having on of the worst blizzards in a long time this year and I driving and risking another accident wasn't a good idea. I ask them to email me an address where I can send my prelim estimate to and they never do they just tell me my estimate will not be approved.

Another week goes by I get a letter in response to my first phone call to the company placed last month. I call the company to get that email address to send my estimate to. I send the estimate three times with the appropriate claim number and no response. So all the effort that was made on my part and to date that insurance company has no further contact or effort to now.

It is going onto three months and I'm definitely considering claims court at this point. I plan on sending the estimate to the insurance company snail mail certified letter along with a letter of intent to pursue the matter in small claims court as a last effort to resolve the matter outside of court. The preliminary estimate only 1800 dollars. However to complicate things collision specialist had told said there is a chance the bumper is cracked due to the extreme cold - there are hair line "spider web cracks" and won't be able to know until it is sanded. Their is also cost of rental so this isn't a open and close situation. The repair, missed wages and punitive damages if applicable is another grey area. I also will be filing a dispute or notify the state insurance regulatory body.

Confused on what to do.

 

[adjusterjack]

Do you have collision coverage on your own policy?

 

[Taxing Matters]

It is going onto three months and I'm definitely considering claims court at this point. I plan on sending the estimate to the insurance company snail mail certified letter along with a letter of intent to pursue the matter in small claims court as a last effort to resolve the matter outside of court.

The first thing to understand here is that the insurance company of the owner of the car that hit you has no obligation to you. The insurance company's obligation is to its insured — the owner of the car that hit you. The insurer is obligated to pay what the insured driver of that car is obligated to pay you as a result of that accident if that driver was negligent. But the driver is not liable to pay you anything until you sue the driver and win a judgment against him/her. At that point, the insurer will pay what the court ordered the driver to pay, up to the policy limits. This means that you sue the driver that hit you, not the insurance company. For $1800 you can do that in small claims court (and I assume that is the court you meant when you referenced small claims court).

Second, the determination made by the cop regarding fault doesn't mean much. It is not binding on the insurance company and if you sue the driver in court that determination is not admissible as evidence against the driver. The cop didn't see the accident and his/her testimony on the accident would be inadmissible hearsay.

 

[FMLA]

Do you have collision coverage on your own policy?

yes I do

 

[FMLA]

The first thing to understand here is that the insurance company of the owner of the car that hit you has no obligation to you. The insurance company's obligation is to its insured — the owner of the car that hit you. The insurer is obligated to pay what the insured driver of that car is obligated to pay you as a result of that accident if that driver was negligent. But the driver is not liable to pay you anything until you sue the driver and win a judgment against him/her. At that point, the insurer will pay what the court ordered the driver to pay, up to the policy limits. This means that you sue the driver that hit you, not the insurance company. For $1800 you can do that in small claims court (and I assume that is the court you meant when you referenced small claims court).

Second, the determination made by the cop regarding fault doesn't mean much. It is not binding on the insurance company and if you sue the driver in court that determination is not admissible as evidence against the driver. The cop didn't see the accident and his/her testimony on the accident would be inadmissible hearsay.

The other driver admitted to the OFFICER.

I have dash cam footage of the incident.

 

[Taxing Matters]

The other driver admitted to the OFFICER.

I have dash cam footage of the incident.

The dash cam footage is certainly helpful. The admission of the other driver can typically be used against him at the trial. It is that driver you need to sue, not his/her insurance company.

If you have collision coverage on your own car, contact your insurance company about getting the car fixed. That's going to be the easiest way to get compensated for this. If your deductible is high, it may still be worth suing the other driver to collect that deductible.

 

[HighwayMan]

He'll get his deductible back if his insurance company gets reimbursed by the other party's insurance company and based upon what the OP has said so far that will be the case. Filing a claim with his own insurer is the easiest way to get this resolved.

 

[FMLA]

The dash cam footage is certainly helpful. The admission of the other driver can typically be used against him at the trial. It is that driver you need to sue, not his/her insurance company.

If you have collision coverage on your own car, contact your insurance company about getting the car fixed. That's going to be the easiest way to get compensated for this. If your deductible is high, it may still be worth suing the other driver to collect that deductible.

He'll get his deductible back if his insurance company gets reimbursed by the other party's insurance company and based upon what the OP has said so far that will be the case. Filing a claim with his own insurer is the easiest way to get this resolved.

I've found out that my premium already went up due my driving history being updated from this. As Taxing said, my deductible is high. A 1k deductible on a preliminary damage of 1800 I don't know....

I guess I just try to find all the damages and put them together then go to civil court and pay fees. Will they give the other party a notice to appear?

I think this is more involved than it would appear. I think I need to get the traffic accident report as well.

 

[Taxing Matters]

I guess I just try to find all the damages and put them together then go to civil court and pay fees. Will they give the other party a notice to appear?

It's your job to serve the other party with the summons and complaint.

 

[adjusterjack]

He'll get his deductible back if his insurance company gets reimbursed by the other party's insurance company

Correct. Insurance companies subrogate for the entire amount of the claim and reimburse their insureds the deductible whey they collect.

I guess I just try to find all the damages and put them together then go to civil court and pay fees. Will they give the other party a notice to appear?

That's your job. You file your lawsuit with the court and arrange for the summons and complaint to be served on the defendant. Depending on the court you might be able to serve by certified mail. The court might do that for you but will charge you a fee.

Here's some information about IL small claims:

http://www.ag.state.il.us/consumers/smlclaims.html

 

[FMLA]

Thanks for the link. So I have to physically serve the paper to them in order for them to appear unless a certified letter is applicable in my state? That could get ugly.

So I sue the other party for the amount(s) that their insurance doesn't want to pay. Then I win the case then their insurance of the other party will pay for the amount awarded? So we come full circle and a lot of stress.

The other party made an honest mistake and now they have to stress over it this way after I put them them through this adding to my already stressful life? I think the insurance company are the ones to be sued. I've become more and more skeptical of the Insurance industry - especially auto. Given enough of these situations they will end up cancelling your policy if they actually have to pay out.

 

[Zigner]

I think the insurance company are the ones to be sued.

Really? Exactly what did the insurance company do to harm you? They didn't hit you.

 

[FMLA]

Really? Exactly what did the insurance company do to harm you? They didn't hit you.

read the beginning of the thread

 

[Zigner]

read the beginning of the thread

I read it all - the insurance company didn't collide with your vehicle. The insurance company didn't harm you. The insurance company has no obligation towards you, rather, they have an obligation to their client. You don't sue the insurance company, you sue the guy that hit you.

 

[FMLA]

I read it all - the insurance company didn't collide with your vehicle. The insurance company didn't harm you. The insurance company has no obligation towards you, rather, they have an obligation to their client. You don't sue the insurance company, you sue the guy that hit you.

That was already established.

Read it again. What part of not approving my estimate and forcing me to go through their centers do you not understand? Is that legal in the state of Illinois?