Auto Accident–Other Guy’s Insurance Co Says They Can’t Find Him?
Art S asked:
Hi. I was rear-ended about two weeks ago. I exchanged info with the other driver, contacted my insurance company and then his insurance company. After about ten days and many calls to HIS insurance company, they told me that they couldn’t locate him to take a statement, and therefore they weren’t going to pay my claim.
Hi. I was rear-ended about two weeks ago. I exchanged info with the other driver, contacted my insurance company and then his insurance company. After about ten days and many calls to HIS insurance company, they told me that they couldn’t locate him to take a statement, and therefore they weren’t going to pay my claim.
What are my next steps? What can a lawyer do for me? Small Claims Court?
Thanks
Art
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May 10, 2009 | Filed Under Accidents & Personal Injuries Lawyers
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9 Responses to “Auto Accident–Other Guy’s Insurance Co Says They Can’t Find Him?”
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I’d talk to the police first; maybe the DMV.
It’s not your problem that his insurance co. can’t locate him. It’s theirs. In court this would be the same as the defendant not showing up for the trial: Automatic guilty for them. Rest assured that his insurance co. will try to snow you to avoid paying the claim. Let them know that you’re wise to them and keep pressing.
If you have comprehensive coverage through your own insurance co. then they should pay for the damages and go after the other insurance co to recover their costs. If not, then you may end up having to get a lawyer yourself, or small claims court, if the amount warrants it.
He shouldn’t have to make a statement of any kind for your claim to be paid. Your ins company can pay the claim to repair your car and then they can use their corporate lawyers to get the money back from his ins company. This is called subrogation.
You pay insurance to handle this sort of thing, it’s not your problem that the other insurance company can’t find their client. Jump on your insurance and give them 5 working days to get some results or your going to contact an attorney to get on the other insurance company and also yours for breach of contract if they don’t do what they are supposed to do. Put it in writing so they can’t claim later that they weren’t aware that you were not happy with the situation.
A first time consultation with an attorney is usually free, they can best tell you what they can do in your particular situation.
Get a copy of the police report. That is a legal statement right there.
If they refuse then get a lawyer. If you sue the insurance company you should be able to get the money needed to repair the car and also get the insurance company to pay the attorney fees.
If you did not call the police during the accident and you do not have your own comprehensive claim then your sol.
If you have comprehensive coverage you should file a claim through your own insurance to get your car fixed. They will then pursue the other driver to recover the cost of the repairs.
You can press the other insurance company as much as you want but it won’t get you anywhere. Their only obligation is to their customer, not you. If you purse a lawsuit, you sue HIM not his insurance company.
Your insurance company might be some help, but otherwise it will be up to you to find him. A lawyer might help find him and initiate a lawsuit. Furthermore, if you sue and still can’t find him (with reasonable diligence) then courts usually have rules for alternative service, such as publishing notice in the newspaper. Then, once you start the lawsuit, and notify his insurer, his insurer should assume the defense of the case and pay any judgment.
You should be working this through YOUR insurance, not with his carrier. They have no incentive to pay you. In fact, technically you cannot file a “claim” with his carrier because you are not the policyholder.
A lawyer can track him down, investigate him, and probably make the insurance company pay or sue your own company for payment. Usually they will not charge you for property damage only personal injury. since you didn’t make a police report its a problem of proof now.