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Old 09-17-2014, 05:24 PM
 
Location: Rural Michigan
6,341 posts, read 14,687,030 times
Reputation: 10550

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Originally Posted by Endurance View Post
I just got off the phone with Infinity who interviewed us separately and told us in the end that there are pending liabilities that his client claims he drove on yellow not on red and therefore Infinity cannot start any repair on our car or give us a rental car because it was not his driver's fault. I said what about the cameras in that intersection Sir? Can you get access to the tapes? Anyhow, he said that it takes 2 weeks for the Police report to get to them and if that report has a witness name (which we were told it was the driver behind us) then we might be helped out with the repairs and rental. Is there any way to get a copy of the police report earlier than 2 weeks? He suggested that we need to contact our insurance for faster results...I then called our insurance and was told that they too have to wait 2 weeks for the police report before doing anything else...that we have to pay $500 deductible and 20% of the rental car cost....Please advise. Thank you
Just a word to the wise - your "interviews" with the other driver's insurance company won't (and didn't) do anything at all to "help" you, and they can use them against you (to try to establish that you had some level of fault in the accident). No matter what *you* said, they were going to deny your rental claim, because their driver said they weren't at fault. They could also deny your rental because of something you said in that "interview", even if their driver admitted fault.

This is the sleazy underbelly of Arizona car insurance, and it isn't limited to the companies you mentioned - i've had similar dealings with other well-known insurers (over claims that were actually piddley) , and they all play the same game. The idea that you would pay "your" agent thousands of dollars a year for insurance, then get thrown to the wolves & told to beg another insurer for relief is just insane.

Luckily, it sounds like there were no major medical issues, so the worst they can do is rip you off on the settlement/repair of your car.
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Old 09-24-2014, 04:07 PM
 
19 posts, read 67,539 times
Reputation: 40
The insurance company is misinforming you. First if you go through your own policy you will be bound by the insurance contract that you signed, which means you will lose at least 25% of the value of your vehicle on a settlement claim (in perfect condition). If you go through the other insurance policy then you are filing under personal property protection of the at fault driver's policy. Depending on how much that is determines your course of action. If they have only $5,000 (NJ minimum) and your damages are over that amount you should go with your company. If they have more coverage than your damages they have to fix your car by law regardless if it is totaled by their policy holder standards. You then can dictate a settlement amount that would exceed the amount you would get with your insurance company.

If you were injured, I would contact an attorney immediately. They will take your case for free because of your injuries. You should not assume your injuries are minor, let an attorney advise you. If he takes on your case he will also make sure you get everything you are entitled to under the insurance law regulations. While insurance companies consistently practice bad faith negotiations, once an attorney get a hold of them for injuries they will wish they responded to your demands.

I would inform the insurance company of the at-fault driver your intentions. Police Reports are available within 5 days, you can go to the police station and get a copy. If you are a resident of the town where the accident resided it will probably be free, if not they charge a small fee. You then scan and send via email to the insurance company. Some towns let you go on-line and view the report. The insurance company is using bullying tactics to coerce you into using your insurance company to reduce the claim amount. You won't have to wait 2 weeks.

Again if the at fault driver's personal property coverage exceeds the damage amount then they will have to fix your car. However you had injuries call an attorney.

Last edited by observer53; 09-24-2014 at 07:18 PM.. Reason: No advertising of any kind.
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Old 10-01-2014, 07:43 PM
 
19 posts, read 18,569 times
Reputation: 20
Thank you rkmnj. I really appreciate your help. Last THU I downloaded the police report which clearly states that the red convertible was driving on red when it hit us; however, under the weather and road condition the police officer mentioned rain and wet road which is totally not true. I have 4 photos that I took with my cell (I can remember how..) which shows dry roads.There were no rains in Mesa in that area at least on the 16th. I called the Mesa Police non emergency line asking for advice and was told to talk to the officer directly, which I have been trying since Mon with no success. I don't know weather it was an honest mistake on his side or what but it is not true. I don't know if this inaccuracy is helping anyone...
Thank you very much.
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Old 10-01-2014, 11:50 PM
 
19 posts, read 18,569 times
Reputation: 20
...sorry for the typo...I meant whether (if).
I wish I could attach here the 4 photos I made on that morning showing our car- a silver Toyota RV 4 and the one that hit us -the red convertible, and the intersection of Extension and Southern. You could see that the roads were dry on TUE, Sep 16. The weather was cloudy but it did not rain. It rained a lot the next day, September 17.
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