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Posted

So a few weeks back I got a phone call from my wife that she was just rear-ended by a guy, and then when she pulled over to exchange information the guy just drove away! Fortunately, she wasn't hurt and there wasn't too much damage, so she was able to jump back in the van call 9-1-1, and then catch up with the guy and get his license plate #. She then drove home and waited for the police to arrive.

Officer shows up and takes her statement, then she goes back to her cruiser and found all the information about the guy from his license plate. Turns out he lives 2 blocks away from us. So the officer drives over to his place and gets his insurance info and writes him a ticket, then comes back and gives us the information.

 

My wife contacted our insurance company and started a claim. She was told that we could do one of two things: 1. Go and get the damage fixed, pay for it ourselves, and then we'd be reimbursed once it went through insurance, or 2. Wait for this guy to make a statement to his insurance company, and then once that all goes through, go and get the damage fixed on his insurance companies dime. BUT, "he has up to one year".

 

Is this normal? I'm waiting for our insurance agent to call me back as we speak, but i'm wondering why we have to wait for this guy to make a statement. He rear-ended my wife, and then left the scene, and was subsequently found and charged by the police within ~1 hour. Is the fact that he was charged not enough to prove fault? Or is it something else that we're waiting for... doesn't make much sense to me.

Posted

Jay,

 

Problem with small claims is they can issue a judgement, but still can't force him to pay!!

 

Best bet is to let the insurance company fight it out, that's what you pay them for!

 

P

 

SUE HIS ASS, small claims
Posted

Being charged doesn't mean anything. It's not until it has gone through the courts and he's found guilty. Might take some time if he fights it.

 

If it's expensive to fix, it might be worth getting real legal advice.

Posted

Sometimes I forget that half my family are/were insurance salesman/agents..

 

Just talked to my cousin and she basically said "it sounds like you may have gotten someone who was fairly new and just didn't explain things to you properly." She said that since we have the guilty party's information and the police charged them, that our insurance company should have said "open up a claim with their insurance company, and if they give you any grief, then let us know and we'll back you up." I asked her if it was too late now since we already opened a claim with our company and she said no, that we can still go to his company. So we need to call his insurance company and say that we'd like to open a claim, your client so & so hit my wife at this date & time.. here is the police report, here is where he was charged, etc. etc. etc. "Where do you recommend we take our vehicle to get fixed?" Or, if we know a good place, just tell them "this is where we're taking it" and they should foot the bill 100%. If they argue, then that's when I can call my insurance company back and let them fight the battle for us.

 

The "one year" thing is basically that IF we decide to pay our deductible (she agrees that we should not have to since it was not my wife's fault), that the statute of limitations says that it can take UP TO one year for us to get that money back. But she said it rarely, if ever, takes that long.

Guest 420FLYFISHIN
Posted

Come down to "Distinctive collections" We are a Bentley Aston dealer but we have 2 claims agents in the building and the body shop is in the Hyundai shop next door.

 

its just a normal body shop (but they do good work) so you wont be paying out the ass. They fix any of our inventory as well as most of the Delawri group.

Posted
Sometimes I forget that half my family are/were insurance salesman/agents..

 

Just talked to my cousin and she basically said "it sounds like you may have gotten someone who was fairly new and just didn't explain things to you properly." She said that since we have the guilty party's information and the police charged them, that our insurance company should have said "open up a claim with their insurance company, and if they give you any grief, then let us know and we'll back you up." I asked her if it was too late now since we already opened a claim with our company and she said no, that we can still go to his company. So we need to call his insurance company and say that we'd like to open a claim, your client so & so hit my wife at this date & time.. here is the police report, here is where he was charged, etc. etc. etc. "Where do you recommend we take our vehicle to get fixed?" Or, if we know a good place, just tell them "this is where we're taking it" and they should foot the bill 100%. If they argue, then that's when I can call my insurance company back and let them fight the battle for us.

 

The "one year" thing is basically that IF we decide to pay our deductible (she agrees that we should not have to since it was not my wife's fault), that the statute of limitations says that it can take UP TO one year for us to get that money back. But she said it rarely, if ever, takes that long.

 

Your insurance company should be doing all the work, not you. Tell them to deal with it or shop somewhere else. Better yet get a broker.

Posted
Your insurance company should be doing all the work, not you. Tell them to deal with it or shop somewhere else. Better yet get a broker.

Damn straight. I've been hit a few times and I just let my insurance company deal with the other guy's insurance. The only sticking point might be the deductible. I think you might have to pay that until the other guy's insurance accepts responsibility then your insurance company will reimburse you for it.

Posted
Your insurance company should be doing all the work, not you. Tell them to deal with it or shop somewhere else. Better yet get a broker.

 

 

Weedy has got it. Let your insurance handle this mess, thats what you pay them for.

I got hit this summer in Idaho and I got her info, called my insurance and they did the rest. They booked my time for a quote, they book me in to get the repairs and they had the rental company come pick me up and give me a car until t was done.

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