Fender Bender, while I was *stationary*...Their insurance company is stalling.

[DaffyDuck]

I live in TX. I was in a parking lot waiting for a car to pull out of their space. I drive a minivan. Well this other driver which I was right behind, pulls out and didn't see me so she hit my van on the right side. Totally her fault. I was sitting there for about 30 seconds, in clear line of sight, not like I came out of nowhere. I only have liability so I am filing a claim against *her* insurance.

1. We exchange info, police were *not* called however.
2. Called her insurance, they took a recorded statement of what happened from me.
3. I got an e-mail from them requesting an estimate, photos etc. I sent that in.
4. Oh by the way, they don't have adjusters in my area, so no on was sent out. Everything on my end has been done by phone or e-mail.
5. Some time has passed so I call to check on claim, and I get told that they are waiting for a statement from the lady that hit my van, and that they cannot proceed without it.
6. I pushed back a little found out that they *mailed* her about a week ago.

QUESTIONS:
1. Is it true that they cannot proceed without a statement from *her*?
2. Why does the statement have to be in writing? Mine was over phone, so what gives?
3. Any advice on how to put pressure on the insurance company?
4. I guess I might have to go to small claims court and sue the lady personally?

I would really appreciate help with this guys.

 

[Zigner]

QUESTIONS:
1. Is it true that they cannot proceed without a statement from *her*?

That's up to them. So, yes, if they say they won't proceed without it, then they won't.

2. Why does the statement have to be in writing? Mine was over phone, so what gives?

Basically the same answer as #1

3. Any advice on how to put pressure on the insurance company?

Sue the other driver.

4. I guess I might have to go to small claims court and sue the lady personally?

Yep, maybe.

 

[ecmst12]

They are not stalling, they are INVESTIGATING. Yes, it is true they can't complete their investigation without speaking with both drivers. It does not have to be in writing, they probably mailed it to her because they haven't been able to get to her on the phone.

You don't say how much time has passed. If it's been less than 30 days, wait. If it's been more than 30 days, sue.

 

[DaffyDuck]

Thank you both for the feedback. It's only been about 14 days. I have the woman's phone number, so I will also try calling her and mention the small claims thing to her, maybe that will persuade her to call/write her insurance company. Thanks again fellas.

edit: 14 days from the date I sent them the estimate, 21 days since accident.

 

[OHRoadwarrior]

If you obtained any witness statements, you should consider discussing/presenting them to her insurance company.