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mnm1041

Having trouble with Insurance and other party

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I was involed in a car accident on CO. I was driving in the far right lane of 3, about to proceed through a green light when a car in the middle lane decided to turn right at the intersection. My front driver bumper and his front passenger bumper.

I filed a claim with my insurance company immediately. Police arrived at the scene only to help exchange accident information.

The officer didn't file a report or assign fault. The other driver worked for a taxi company. I'm told I can pay my deductible, but I feel the accident wasn't my fault and I shouldn't have to pay anything for the damages.

 

My adjuster has supposively tried contacting the other parties insurance company, work and officer who met the scene. Neither has returned calls to my adjuster. The accident happened on 09/19.

After speaking with the officer this morning, (he informed me my adjuster hasn't contacted him) there isn't much he can do. Other than try to call the other parties insurance company and work.

 

I've complained to my local agent and insurance company regarding my adjuster and he's still on my claim. This morning I filed a complaint with my State Insurance Commissioner.

 

My question is what more can I do or can be done?

 

 

 

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Guest FindLaw_Amir

What would you like done about this matter? You may be interested in visiting the Accidents and Injures Center and reading Car Accident Liability as a good resource to learn more about this topic. If you need further clarification on your specific situation, you may consider signing up for a LegalStreet plan. With the plan, you have unlimited access to a local lawyer to ask your questions and the plan also offers discounted legal representation should you need it.

Disclosure: LegalStreet and FindLaw.com are owned by the same company.
 

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It's unclear what the problem is.  If your insurance company isn't addressing your damage, that'd be why you'd file a complaint with your insurance commissioner, but something tells me that isn't your beef.

 

Care to clarify?

Please understand the other party's insurance company's only duty is to their client, and the other driver isn't obligated to admit fault.  If your insurance company thinks it's worthwhile to go after the other driver, they'll go after your deductible.  (I wouldn't have said that I "feel" it's the other driver's fault if it happened the way you said, btw.)

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It's unclear what the problem is.  If your insurance company isn't addressing your damage, that'd be why you'd file a complaint with your insurance commissioner, but something tells me that isn't your beef.

 

Care to clarify?

Please understand the other party's insurance company's only duty is to their client, and the other driver isn't obligated to admit fault.  If your insurance company thinks it's worthwhile to go after the other driver, they'll go after your deductible.  (I wouldn't have said that I "feel" it's the other driver's fault if it happened the way you said, btw.)

I would like this claim resolved. The other driver should have to pay for my damages. I'm sure the taxi driver had to report the damages to his company. He obviously hasn't filed a claim with his company, or they would be trying to get ahold of mine. He know's it's his fault. I only said "feel" because a ticket wasn't given at the scene. It just seems there's more that can be done, I just don't know what.

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What would you like done about this matter? You may be interested in visiting the Accidents and Injures Center and reading Car Accident Liability as a good resource to learn more about this topic. If you need further clarification on your specific situation, you may consider signing up for a LegalStreet plan. With the plan, you have unlimited access to a local lawyer to ask your questions and the plan also offers discounted legal representation should you need it.

Disclosure: LegalStreet and FindLaw.com are owned by the same company.

 

Thank you for this information, I will check it out.

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I think the reason you have insurance is that you can get your car fixed and have done with it.  Your insurer is free to resolve it or not as it sees fit; it's obligation is to ensure your damages are addressed.  If you want to sue the other guy for your deductible, you're free to do that.

 

Your insurance company has relevant info.  Insurance claims are rarely if ever resolved in less than a month even if the issue of liability is settled.  It's unclear why you want to fret about this, but it may be that you're distracting yourself from something else important.  Who knows.

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My question is what more can I do or can be done?

 

You may sue the other driver and the taxi company for whom he works in Colorado small claims court for the deductible if you end up paying that out of your pocket. I suggest you first allow at least 4-6 weeks from the date of the accident for your insurance company to respond on the claim. These are not things that are typically settled in just a few days time.

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I would like this claim resolved. The other driver should have to pay for my damages. I'm sure the taxi driver had to report the damages to his company. He obviously hasn't filed a claim with his company, or they would be trying to get ahold of mine. He know's it's his fault. I only said "feel" because a ticket wasn't given at the scene. It just seems there's more that can be done, I just don't know what.

 

Your insurance company has absolutely no obligation to represent you in a claim against another driver.

 

You are the one delaying resolution with your own insurance company by expecting it to do what it isn't obligated to and venting about what the other driver should or shouldn't do.

 

Your options:

 

1 - Have your insurance company take care of your car, pay your deductible, then your insurance company will go after the other driver if it sees fit and get reimbursed and refund your deductible. You don't get to skate on your deductible at this point.

 

Or

 

2 - Withdraw the claim from your own insurance company and sue the other driver for your damage. Count on that taking months and costing you court fees and maybe lawyer fees.

 

You need to get off the fence (if you want your car fixed quickly) and understand that your policy covers the damage to your car less your deductible and that's all your insurance company is obligated to do. Period.

 

And the other driver's insurance company doesn't have to do anything for you until a court of law says that it's insured is liable.

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Police arrived at the scene only to help exchange accident information.

The officer didn't file a report or assign fault.

 

I cannot speak to Colorado in general or to any place in Colorado in particular.  However, in the event of a minor, non-injury accident, cops in my neck of the woods won't bother with a report, and opining about fault is not something a cop should be doing unless he/she witnessed the accident (although I realize that cops often do this anyway).

 

 

 

I'm told I can pay my deductible, but I feel the accident wasn't my fault and I shouldn't have to pay anything for the damages.

 

That's fine -- and based solely on your description of what happened, I agree -- but the problem is that you may then have to wait quite a while to get your car repaired.  Your own liability policy will pay for the repairs, but you have to pay a deductible, which you may later recover from the other party or his liability insurer.  But, if you don't want to do that, then you have to wait for one of the following to happen:  (1) the other driver to agree to pay for the repairs; (2) the other driver's liability insurer to agree to pay for the repairs; or (3) a jury to agree that the other driver was solely liable and award you a jugment, which you subsequently collect in full.  If the other driver or his insurer does not immediately agree to cover the damage, the smart way to go is generally to have your insurer pay for the repairs and try and recover your deductible after-the-fact.

 

 

 

My adjuster has supposively tried contacting the other parties insurance company, work and officer who met the scene. Neither has returned calls to my adjuster.

 

Why don't you call the other driver's insurer and make a claim?  As for the other driver's employer, unless the guy was in the course and scope of his employment at the time of the accident (which your post does not indicate was the case), it is irrelevant for whom he works.

 

 

 

After speaking with the officer this morning, (he informed me my adjuster hasn't contacted him) there isn't much he can do. Other than try to call the other parties insurance company and work.

 

The police officer is not your advocate.  If I received a call from the cop, I'd blow him off -- and would do so with impunity.  This is entirely a civil matter between you and the other driver and your insurers.

 

 

 

I've complained to my local agent and insurance company regarding my adjuster and he's still on my claim. This morning I filed a complaint with my State Insurance Commissioner.

 

It's not clear what you expect your insurer to do.  Unless you submit a claim against your own collision coverage, there's nothing much your insurer can do for you or is obligated to do for you.  Despite what you apparently think, your insurer is also not your advocate in a situation where you are seeking recovery from someone else.

 

 

 

My question is what more can I do or can be done?

 

You make a claim against the other driver's liability policy.  If that doesn't get resolved in a sufficiently timely manner, you sue.

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