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Not At Fault Auto Accident, EVERYONE Dragging Feet

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lexa86

New member
What is the name of your state? California

Three weeks ago, my partner and I were t-boned in an intersection. We were turning left through a green light, coming off a freeway exit. The other driver ran her red light and collided with us on the driver's side. She was going about 45-50mph. You can all but read her license plate in our driver's side door.

After several minutes of collecting ourselves, we all removed our cars from the road. My partner and the other driver exchanged contact and insurance information. The other driver apologized profusely. There was no immediate sign of serious injuries - adrenaline was running very high.

The other driver attempted to drive away when a nearby cop on duty arrived at the scene. She doubled back and pulled over. The cop took statements from all three of us. Several other cops, an ambulance, and a firetruck arrived at the scene, but we required no additional attention at the time. Our car wasn't drivable, and had to be towed from the scene. Later that day, my partner and I both visited a doctor for a consultation and x-rays. Naturally, after the adrenaline had worn off, we were feeling pain in our necks/shoulders/backs. X-rays confirmed that there were no broken or fractured bones, just some bruising and muscle straining. We both missed work for this.

Directly after the accident, my partner filed a claim with her own insurance. We explained the circumstances of the accident and sent photos of both cars. The adjuster assigned to our case has been unsympathetic and extremely uncommunicative from the start. Days went by without news or updates. The following Friday (nine days after the accident), we went to the police station and picked up the police report ourselves. It very clearly states that the other driver was at fault. She admitted to running the red light and the officer stated that she was at fault for the accident. We promptly faxed a copy of the police report to our adjuster.

It wasn't until two weeks after the accident that our adjuster reached out to me, the passenger, to get my official statement. We still hadn't heard anything from the other driver's insurance (which is AAA).

We are now three weeks after the accident and still no movement whatsoever. My partner received a letter from AAA stating that they are still investigating the accident. Our adjuster never reaches out to us, and it is always my partner who is calling to ask her for updates. She continuously claims that she can't reach AAA and that she hasn't heard from them. We have every reason to believe that the other driver hasn't even filed a claim with her insurance. This was a pretty serious accident wherein the other driver was clearly at fault, which has a police report proving so, and literally nothing has happened. My partner and I have done all the footwork so far, and it feels as though her insurance company is doing NOTHING to fight for her. She is still suffering from neck pain, while the accident has contributed significantly to my own struggles with anxiety. Our car is just sitting in the auto body shop waiting for the green light from AAA. The shop has estimated approximately $10,000 in damages, and that's not including what may be amiss on the inside due to water damage.

On top of all of this, the tow company who took our car from the scene rolled down both driver's side windows and left them down for the 24 hours they had the car. It POURED all night and all morning, soaking the interior and possibly damaging electronics (we won't know for sure until the shop starts taking it apart further). Because the impact was directly into the driver's side door, the tow company employees crawled in and out over the center console. There is very clear damage from this as well.

This stalemate is seriously wearing on us. Both my partner and I have gotten physically ill from the stress, which has resulted in even further loss of wages from missing work. Both insurance companies are uncommunicative and dragging their feet. The other driver is obviously being uncooperative. We're considering looking for an attorney to help us move things along, but we're not sure if it's worth pursuing legal action and can't necessarily afford to pay a lawyer upfront.

Any advice, or simply hearing someone has been through a similar situation, would be helpful. We are at our wit's end with this mess :(
 


lexa86

New member
File a claim directly with the other party's insurance. Send a copy of the police report.
My partner's insurance has already filed a claim with the other driver's insurance. We have a AAA claim number and name of the adjuster on the case. However, our adjuster claims that she "can't get a hold of AAA" or "hasn't heard from them" every time we ask her for a status update. I do find this odd, as I believe AAA to be one of the best insurers available. I personally have AAA and I've never known them to drag their feet, regardless of who is liable.
 

Zigner

Senior Member, Non-Attorney
My partner's insurance has already filed a claim with the other driver's insurance. We have a AAA claim number and name of the adjuster on the case. However, our adjuster claims that she "can't get a hold of AAA" or "hasn't heard from them" every time we ask her for a status update. I do find this odd, as I believe AAA to be one of the best insurers available. I personally have AAA and I've never known them to drag their feet, regardless of who is liable.
Your partner ought to forward a copy of the police report directly to the other party's insurance adjuster.

I had a similar situation - was sideswiped and the other driver admitted fault to the officer on-scene, but denied it to his insurance company. Once the other driver's insurance company had a copy of the report showing that other driver as at-fault with a note about the admission of the other driver at the scene, they immediately took care of things.
 

xylene

Senior Member
Both my partner and I have gotten physically ill from the stress,
Do you have medical proof of that? Missing work is not proof in itself.

It is very possbible the insurer is 'waiting out' any chance that you might make injury claims.
 

adjusterjack

Senior Member
However, our adjuster claims that she "can't get a hold of AAA" or "hasn't heard from them" every time we ask her for a status update. I do find this odd,
I don't find it odd. Your adjuster has no obligation to deal with AAA on your behalf. It's your claim against AAA. It's up to you (your partner) to handle it or hire a lawyer to handle it.

You adjuster's obligation is to cover the damage to your car if you have Collision coverage. You haven't answered that question.

Meantime, your adjuster has other things to do.

By the way, the damage to the car while at the tow yard is likely a separate claim under your partner's Comprehensive coverage or a claim against the towing company for negligence.

That's true - but they still ought to pay the property damage portion.
And probably would if OP's partner was the one rattling their cages.
 

lexa86

New member
I don't find it odd. Your adjuster has no obligation to deal with AAA on your behalf. It's your claim against AAA. It's up to you (your partner) to handle it or hire a lawyer to handle it.

You adjuster's obligation is to cover the damage to your car if you have Collision coverage. You haven't answered that question.
My partner does indeed have collision coverage (I'm just not entirely certain whether it includes comprehensive, though I assume it does). Because of the extent of the damage, she hasn't given the shop permission to begin working on the car. She wants to ensure AAA accepts liability before spending a penny of her own money, thus the current stalemate we are in.

I'm admittedly not well-versed in this sort of thing. I've never been in an accident like this, but I don't see why the insurance she pays heftily for isn't helping more than they are. You say my partner should be rattling more cages, but she's been consistently calling her adjuster, and has even made calls to the AAA adjuster, and nothing is budging.

I will pass along the advice that she should send the police report and the accident photos directly to the AAA adjuster, though. Thank you.
 

Zigner

Senior Member, Non-Attorney
The easiest (and most logical) way to have handled this would have been for your partner to have her own insurance cover the damage and get the repairs started. Her insurance would then subrogate against the other party's insurance. Once the other party pays, your partner's deductible will be refunded. Honestly, at this point, and under these circumstances, your partner has been dragging her feet just as much as anyone else.
 

adjusterjack

Senior Member
I don't see why the insurance she pays heftily for isn't helping more than they are.
Because her insurance is only obligated to pay, on her behalf, or defend her against, any claims made against her, and to pay for the repair or replacement of her car if damaged by a covered cause of loss. That's it. The policy that she pays heftily for doesn't cover handling a claim for her against another driver. That's why it's not happening. Read her policy if you don't believe me.

If she wants "more help" from her own insurance company she has to tell her adjuster that she wants to have her car damage taken care of by her Collision coverage.

has even made calls to the AAA adjuster, and nothing is budging.
Then she needs to remind the AAA adjuster, in writing, of California's Unfair Claims Practices Act Sections 790.3(h)(1) through (16):

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=INS&division=1.&title=&part=2.&chapter=1.&article=6.5.
 

lexa86

New member
Then she needs to remind the AAA adjuster, in writing, of California's Unfair Claims Practices Act Sections 790.3(h)(1) through (16):

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=INS&division=1.&title=&part=2.&chapter=1.&article=6.5.
(2) Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies.

(3) Failing to adopt and implement reasonable standards for the prompt investigation and processing of claims arising under insurance policies.

(5) Not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear.

I mean all of these seem relevant in our current situation. Thank you very much for this reference.
 

Zigner

Senior Member, Non-Attorney
(2) Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies.

(3) Failing to adopt and implement reasonable standards for the prompt investigation and processing of claims arising under insurance policies.

(5) Not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear.

I mean all of these seem relevant in our current situation. Thank you very much for this reference.
Section 2 & 3 don't apply to you - they apply to the insured. I believe that 5 also applies to the insured. In other words, this doesn't give rise to a cause of action for anybody but the insured.
 

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