by madhatterfounder » Sun Nov 02, 2008 12:15 am
Two weeks ago I was going to lunch on a main road, someone going the opposite direction decided to turn right in front of me resulting in a collision. The cops were called, they filed a police report, and the other driver was found at fault, and was written a ticket for failure to yeild. We both were sent to the hospital with whip-lash. She had Allstate insurance so I wasnt concerned. Which is good because I didnt have insurance. I got out of the hospital later that day and called Allstate, her insurance company, and the CS rep told me her policy wasnt active but gave me an address to her local agent. I went there and the agent gave me a 1-800 number, and I started the claim process. At that time I presumed everything was fine and even scheduled a follow up appointment with my doctor as I was hurting. I called a couple days later and talked to a rep and she said the policy wasnt active, and asked me to use my own insurance. I told her I had declined uninsured motorist so that wasnt possible. I asked to speak to a supervisor and he told me that he found the right policy that he would just have to have it reviewed and uploaded, and to call that Friday, a few days away...I cancelled my appointment and continued to hurt but im scared to go to the appointment fearing non-payment. I called Friday and the rep told me everything was fine, the policy she found was just uploaded that morning and that I was covered, she told me to wait for a phonecall. I got that phonecall three days later and it was a local rep, she said the policy was still being reviewed. And she couldnt tell me whats wrong. She did tell me my injuries would be covered though, which is wierd. So its been over 2 weeks, ive borrowed a car from my parents, and I dont know whats going on. The insurance company did tell me they were waiting to get a hold of thier driver. Apparently the driver doesnt want to speak with them. Im scared the drivers insurance lapsed and they just need payment, or maybe they just need to confirm, what do I do? Ive been on a horrible rollercoaster because they are going back and forth, either that or its a great tactic for them to save money.
Posted: Sun Nov 02, 2008 09:37 am Post Subject:
Which rep told you that the policy IS in force? an agent or an adjuster? have you spoke to an adjuster at all (in the claims dept NOT the agents office)?
Sounds to me like first it was a new policy and they have to make sure that the payment for the policy was good (one reason) and that the policy was accepted and bound prior to the accident...
The other problem is that they haven't talked to their insured. If their ins is uncooperative they will send them a reservations of rights letter...If the police report comes in and is as you say they can conclude their investigation based on that if their policy holder will not respond.
Which is good because I didnt have insurance
Sorry but I have to throw this in here, sorry to sound like a rag....buuuuuuuut, if you'd have been insured like you are supposed to be, required to be, and not driving uninsured which is against the law, this wouldn't be a problem would it? While I hope this clears up and it sounds like it will..there is some sort of poetic justice about two non-insured people getting into an accident together and not bothering those of us that are responsible...you see the way you feel now is EXACTLY what you would be putting another thru if the accident were your fault..and oh by the way saying you don't have UM was probably not a smart move since it's required in about 90% of the states if not 100%. Let us know which state you're in and I'll check. (sorry but you've kinda thrown your pissed off card away IMO by being uninsured yourself, we'll still be glad to help, but really you need to think about this and act on it, you got a free pass THIS time)
Call the adjuster and ask where they are in their investigation. and tell them you need a letter sent to you right now telling you if they have a valid policy or not...that doesn't mean that they accept liability but will let you know if they have a good policy or not.......
Posted: Sun Nov 02, 2008 11:28 pm Post Subject:
I dont have insurance because my license was suspended, im 30, and I cant get a ride from mommy and daddy. Im a father of 3 as well so people depend on me to work. And no I cant take the bus ;)
As far as who told me it was covered, it was just a call center rep, at the standard 1-800 #. I do thank you for the reply and suggestions though. I will request the letter. I have talked to the adjuster, thats who im in contact with right now. She never said she was but I know because ive been through this process before. Ultimatley she said she was the deciding factor in the beginiing, now shes saying someone else will look over it. So she is confusing me. Its like I have to play her way or it wont be covered, and its really frustrating
Posted: Sun Nov 02, 2008 11:33 pm Post Subject:
The "local rep" in my first discussion is the claims adjuster
Posted: Mon Nov 03, 2008 06:38 am Post Subject:
Im scared the drivers insurance lapsed and they just need payment, or maybe they just need to confirm,
Shall I say that you have met the right partner :)
Anyways, I share the same view with Lori, the policy must be a new one and, therefore, all the data are still not available with the insurance company. However, if your suspicion comes true that I guess you would be out of luck.
BTW, how come you're driving around with a suspended license?
Posted: Mon Nov 03, 2008 06:55 am Post Subject:
Isn't driving without insurance hold you automatically at-fault or at least force you to take partial liability of the accident caused? Because, you shouldn't be at road with a suspended driving license.
Posted: Mon Nov 03, 2008 10:52 am Post Subject:
I dont have insurance because my license was suspended, im 30,
because? that's could affect you being paid for this loss as well!and I cant get a ride from mommy and daddy.
why not? can't your wife drive you? there are a million solutions to this OTHER than driving on a suspended AND without ins...Im a father of 3 as well so people depend on me to work.
My point exactly!!! they depend on you for more than just work...And no I cant take the bus
because?Its like I have to play her way or it wont be covered, and its really frustrating
I don't know how you get that....she has to have a supervisor agree the policy was good and in force it sounds like to me....
You say you've been thru this before...you do understand that aggrevating a pre-existing injury is not the same as causing one right?
Isn't driving without insurance hold you automatically at-fault or at least force you to take partial liability of the accident caused? Because, you shouldn't be at road with a suspended driving license.
No birmingham in most areas no, however they will likely let his po know, and file a state report, reporting him driving without ins...some companys in some areas have successfully denied at fault losses like this because in effect he should not have been on the road period, (for two reasons)...but it's difficult and not all areas (meaning the courts) are agreeable...IMO, if you drive uninsured and have an accident not your fault you should get your car fixed bills paid, period, you should be barred from any bi settlement...but that's just my opinion.Posted: Mon Nov 03, 2008 11:22 am Post Subject:
The poster is all concerned about getting his bills covered but I am sitting here wondering if he ever thought of the other person if the situation was turned around. Had he been the one that hit the other vehicle the only option they would have had for getting their vehicle repaired would have bee their own insurance. It seems the ones who do carry insurance have to cover the other person and theirselves just for reasons like this.
What about all the people that were depending on an insured driver that was hit by an unisured driver? I agree completelt with your last staement Lori.
Posted: Wed Nov 05, 2008 04:54 am Post Subject:
I came here to get advice, not to be ripped to shreds, Anyways, since we are all speculating, lets say I got a DUI on my birthday, in my neighborhood because I wasnt wearing a seatbelt at 2am, my wife left me and moved with my kids 1000 miles away, trying to get a lawyer to get them back, and leaving me with more bills then I could deal with. I got hurt on the job and my job screwed me over, and I was off work for 8 months after having knee surgery. Im about to get evicted because my roomate moved out because he got addicted to drugs and went to rehab. Im already sinking but I should pay when its her fault and I shouldnt work even though society demands me too. If it were up to you guys I would of already comitted suicide. Ive had insurance my entire life, and i was irresponisble, but you have to draw the line somewhere. I dont have a choice and it f'ing sucks. Oh and I was punished, I got a "driving while suspended" ticket $500, and no insurance, $200, but I should pay another $20k I dont have because I CANT HAVE INSURANCE???
btw, I wasnt speculating, but I can tell by your demeanor, you could care less...
Posted: Wed Nov 05, 2008 04:57 am Post Subject:
Oh and I also have been paying child support, which is great fun. But I would find the way to have insurance if it were available to me. Also the DUI is costing me $3k
Posted: Wed Nov 05, 2008 07:10 am Post Subject:
I empathize with you, honestly. And many us are in same tight situation with this stinking economy. Driving without insurance doesn't bar you from collecting under the other drivers insurance if it's the fault of the other party. However, if the other guy too is without coverage then you are probably stuck with the repair bills.
Anyways, have you heard anything yet from the All State? Have you come to know whether or not the other driver had coverage during the accident?
IMO, you need to seek legal help and sue the driver at the small claim court.
P.S. you can plead your case yourself without any atty at the small claim court. it'll save a great deal of money for you on the attorney's fees.
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