about 2-3 weeks ago my car was rear ended. There were 2 witnesses. 1 who was involved in the accident and the other behind the person who hit me and saw me parked while the driver failed to stop.

fast foward to today, there is still no word from the insured party. I call my insurance as well as the other party's insurance and they still haven't got a hold of him to get verify his story. My insurance has already contacted the 2 witnesses and agree he is at fault but because of the failure to get in contact of the other individual, i have to eat the deductible for the time being. The other guys insurance says he has 30-40 days then the insurance makes the decision(BS).

now it's just starting to be a hassle, my fiance just started her new RN job which like an hr away, i work full-time(military) and go to school full-time. My fiance needs to work a certain amount overtime to pay for bills that we have, i've had to miss a couple classes because i rather have her work than me go to class. . I just got a rental today because of our situation is getting out of hand and still no word from the other party claiming lability.

i gave the guy the benefit of the doubt by giving him a week or so to claim lability but now it's obvious he purposely avoiding the insurance. I even called him yesterday to confront him bcuz i'm so pissed and his voicemail said that his voicemail box has not been set up, so of course you can't leave a message. I've been patient and really considering legal action. What should i do? I have never had to deal with this ever so i'm completely clueless. TIA.

 

c4 plastic explosive

 

First things first you have to be sure the guy is even in town. If he is skipping out on the insurance then he might be skipping town. So lets say the guy is in town just avoiding paying I would try to confront him face to face with or without the police your choice. I have been in a similiar spot once and well confront the person face to face and pretty much walk him to his insurance company is the best way I see it, but im not an expert.

 

i already told you this....we had this conversation at the meet. get a lawyer and sue his a$$. if any, lets hope your frame isnt damage, unless, you want a new car....

 

see, this is why you should always call the cops after an accident, no matter what. I'm assuming you have some low grade insurance since they are making you pay the deductible. Depending on your coverage, you might have rental services covered under your policy, in which case you can just get all that reimbursed when his insurance goes through. But because there was no accident report, this case is still in the air.
I'm going to say you will be fine because it was a rearend collision, you just get the shaft because you have to wait a little longer to get the money from the insurance company. If everything works out, you'll get your deductible reimbursed in the end...just tough it out for a bit.

edit: you dont have to get a lawyer. Your just going to get the same results except you'll need to pay for the lawyer too. You'll be wasting your money if you get a lawyer, trust me. Because you already contacted the other party's insurance company, you will be fine.

 

Why You didn't file a police report?

 

in fresno, ca if no one is hurt during an accident, they wont file a police report.

 

That sucks.

 

yup, this is exactly what the dispatcher told me. If no one is injured or traffic is not obstructed, cops will not come out. It sucks.

 

low grade insurance, Statefarm is not exactly cheap..lol. I'm paying the dedtuctible so that my Z will get released when it's done instead of waiting for the guy to claim liability. Oh and I did call him, no answer and his voicemail wasn't set up for me to leave a message. I'll will be calling again though.

 

i thought the insurance company usually handles everything? I've been in a few accidents (3+) and each time i would call my insurance and they would get in contact with the other insurance/person and everything would be settled before the car was done being fixed...

 

they are trying, but they keep on telling that the other party has not claimed lability. even with the witnesses stories their hands are tied until the guy takes responsibility.

btw, my insurance has started a subrogation process, how effective is this in getting money back from the insured party??

 

imo, it's gonna be Your insurance co. dealing with His ins. co.
Aw~ mang. that's sucks.

 

if he rear ended you isnt it automatically his fault??


his insurance needs to stop making excuses.


was in the same situation and his insurance paid for my rental and repair without me paying a dime.

 

yah that's my understanding as well, there are also 2 witnesses, one who was involved and the other who was behind him who was me parked while he failed to stop!

i'm calling his insurance tomorrow and if they give me BS that's it.

 

yup always a lawyer

 

Not meaning to be rude, but will the legal expenses cause some financial hardships for you?

 

Agree. File a claim with your insurance company. Your company will fix your car. They will then file against the other drivers insurance company for reimbursement.

 

State Farm has always done that for me. My premium is not cheap, but the company is there when you need them.

 

Are you required to file an accident report with the DMV?