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Old 01-17-2018, 11:40 AM
 
6 posts, read 5,385 times
Reputation: 10

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I am stuck in this case, and have no idea what to do next. On Dec 29th, my car was in parking lot and I was inside the car. Another car wanted to park beside my car but came and hit my back car door. I did collect his insurance and ID, phone number. I didn't call police, and told him report to his insurance and let his insurance call me back.
4 days later, no one from his insurance called me, I called that guy, but incorrect phone number. I called his insurance and report the accident. They sent someone to took picture of the car. 2 weeks after they took pictures no one contact me back. I contact that insurance company to look for an update total 6 times, they transfer me to a guys never pickup phone. I left message but never called me back.

Any one know what to do next? I had a dash camera inside the car at that time. I am thinking a small claim court now. Since that guy gave me a incorrect phone, I plan to come to his house. it's just 5 mins walking from my work place.
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Old 01-17-2018, 06:05 PM
 
Location: Phoenix, AZ
6,308 posts, read 4,767,214 times
Reputation: 17908
I would not advise a personal confrontation. You never know what kind of loon you would be facing.


I suggest get an estimate for your damage repairs and mail to the guy along with a demand letter and a copy of a completed, but not filed, copy of a small claim's claim form. Send a copy to his insurance company.


If you don't get any response in a week or two then file your lawsuit.
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Old 01-17-2018, 06:43 PM
 
13,051 posts, read 20,708,179 times
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If their insurance company isn't doing anything, why are you acting all confused, Call Your Insurance Company! It's not rocket science.....
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Old 01-17-2018, 06:45 PM
 
Location: On the Chesapeake
44,886 posts, read 59,869,542 times
Reputation: 60427
Quote:
Originally Posted by Rabrrita View Post
If their insurance company isn't doing anything, why are you acting all confused, Call Your Insurance Company! It's not rocket science.....
Yes. Since you have his information and you're getting no joy from his company it's now time for your insurance company to get involved. That's partly what you pay them for.
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Old 01-17-2018, 07:45 PM
 
6 posts, read 5,385 times
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Quote:
Originally Posted by North Beach Person View Post
Yes. Since you have his information and you're getting no joy from his company it's now time for your insurance company to get involved. That's partly what you pay them for.
I called my insurance (state farm) before I contacted his insurance. They gave me 2 options: file a claim with them and pay deductible for fixing my car, my premium will go up for this, or call that guy insurance which I did. This is my first accident so get little confusing.
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Old 01-17-2018, 08:05 PM
 
Location: On the Chesapeake
44,886 posts, read 59,869,542 times
Reputation: 60427
Quote:
Originally Posted by darksky911 View Post
I called my insurance (state farm) before I contacted his insurance. They gave me 2 options: file a claim with them and pay deductible for fixing my car, my premium will go up for this, or call that guy insurance which I did. This is my first accident so get little confusing.
Call again. They fix your car, even if you pay the deductible, they will then go after the other insurance company and recover what they paid and your deductible.
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Old 01-18-2018, 06:44 PM
 
Location: Saint John, IN
11,583 posts, read 6,666,986 times
Reputation: 14786
Quote:
Originally Posted by darksky911 View Post
I called my insurance (state farm) before I contacted his insurance. They gave me 2 options: file a claim with them and pay deductible for fixing my car, my premium will go up for this, or call that guy insurance which I did. This is my first accident so get little confusing.
Yes, you will have to pay your deductible initially, but then your company will subrogate the other insureds insurance company to be reimbursed since they were at fault. Once they retrieve the funds you will receive your deductible back. If they never get reimbursed it will stay as a claim on your insurance, but as a not at-fault accident.
I would call back your agent and put in a claim if there's significant damage!

Otherwise you try to take this person to small claims court or pay everything out of pocket. Those are your choices!
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Old 01-19-2018, 08:31 AM
 
Location: Central Virginia
6,512 posts, read 8,293,417 times
Reputation: 18579
Parking lot collisions are generally deemed "No Fault Accidents". So no matter who was at fault, each party (or your insurance) is responsible for the paying for the repairs.

Call your agent's office, and speak to someone there. They should be able to give you advice. I think, too, since you've initiated a claim with the other guy's insurance, that will complicate the situation because you can't have two claims for the same accident.

I'll share with you how it worked for me last time. I was rear ended. The other driver clearly at fault.

I immediately filed a claim with his insurance. After a few week of no progress or contact, I called them to check on the status of the claim. They needed to get his side of the story and he was not returning their call. They were obligated (I don't know if by law or company policy) to give him 7 days to respond to that message. If no response after 7 days, they were required to try again and wait another 7 days. If no response to the 2nd message, they were required to call a third and final time, again, wait another 7 days for a response. So if the guy decided not to respond, I'm looking at a minimum 21 day wait before the claim will even progress.

So I wonder if that is what they're doing - waiting for his account of the accident. I know that it's frustrating that they aren't responding to any of your messages. I would call and escalate it to a supervisor or manager. Tell them you're not getting a returned call and all you want is an update on the claim. Insist on speaking to someone. It seems to me that anyone there should be able to look up the claim number and give you a status update.

Have you tried looking up the status through their website? That's an option sometimes.

My advice for next time - don't wait for the other guy to file the claim. As soon as you can safely make the phone call, file the claim yourself. Both times that I was rear ended, I was getting the claim on file within 30 minutes.
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Old 01-19-2018, 10:38 AM
 
6 posts, read 5,385 times
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Quote:
Originally Posted by HokieFan View Post
Parking lot collisions are generally deemed "No Fault Accidents". So no matter who was at fault, each party (or your insurance) is responsible for the paying for the repairs.

Call your agent's office, and speak to someone there. They should be able to give you advice. I think, too, since you've initiated a claim with the other guy's insurance, that will complicate the situation because you can't have two claims for the same accident.

I'll share with you how it worked for me last time. I was rear ended. The other driver clearly at fault.

I immediately filed a claim with his insurance. After a few week of no progress or contact, I called them to check on the status of the claim. They needed to get his side of the story and he was not returning their call. They were obligated (I don't know if by law or company policy) to give him 7 days to respond to that message. If no response after 7 days, they were required to try again and wait another 7 days. If no response to the 2nd message, they were required to call a third and final time, again, wait another 7 days for a response. So if the guy decided not to respond, I'm looking at a minimum 21 day wait before the claim will even progress.

So I wonder if that is what they're doing - waiting for his account of the accident. I know that it's frustrating that they aren't responding to any of your messages. I would call and escalate it to a supervisor or manager. Tell them you're not getting a returned call and all you want is an update on the claim. Insist on speaking to someone. It seems to me that anyone there should be able to look up the claim number and give you a status update.

Have you tried looking up the status through their website? That's an option sometimes.

My advice for next time - don't wait for the other guy to file the claim. As soon as you can safely make the phone call, file the claim yourself. Both times that I was rear ended, I was getting the claim on file within 30 minutes.
You are right. I called his insurance again yesterday and finally someone talked to me (but still not a guy working on my case. He's always let me leave voice message). They could not contact to the policy holder, looks like phone number they have on file doesn't work same as the number I have. They didn't tell me how long I have to wait so I will wait one more week then file a small court claim on this. Thanks for all the helps.
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Old 01-19-2018, 11:38 AM
 
13,051 posts, read 20,708,179 times
Reputation: 21229
Quote:
Originally Posted by darksky911 View Post
You are right. I called his insurance again yesterday and finally someone talked to me (but still not a guy working on my case. He's always let me leave voice message). They could not contact to the policy holder, looks like phone number they have on file doesn't work same as the number I have. They didn't tell me how long I have to wait so I will wait one more week then file a small court claim on this. Thanks for all the helps.
They are jerking you around and most likely have no plans to deal with this. Since you are not their client, you have no contractual relationship with them. Your state regulations may require they communicate, but often, until they actually agree to settle the case directly, they may be under no legal requirement to work with you directly.

As for small claims, you may get disappointed if the Judge rejects the claim based on your failure to mitigate your damages. You have the ability to go through your own insurance and get them to pay (mitigate) your losses. They may require you to do that first and sue for anything not covered.
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