by Guest » Tue Aug 09, 2011 11:32 pm
Around March 2011 a lady failed to stop @ stop sign coming out a complex and I T-Boned her. She admitted fault at the scene and in the police report and she even got ticketed. My car got towed from the scene as well as hers.
Now she stated at the scene that she dont have insurance or might have. I was going to take her to court, I even called her and she said she will call us back and contact her insurance.
I paid for the damages to my car out my pocket $3,000 right away after the accident and I got my car out the shop around April. I paid out my pocket because the lady made it seem like she didn’t have insurance.
Well fast forward I month ago 4 months later in July, I get a call by her insurance company asking me about the accident. They asked why I never contacted them, and I stated I never knew she had insurance. She said its in the police report, I stated that no where in the police report idoes it state anything about insurance. The claims lady checked and said I’m right.
Well I she asked for estimate and I stated I got the car fixed already right after the accident because I thought your client didnt have insurance. The claims lady said well send before and after pics and a “estimate”. I stated I don’t have a estimate since the car was fixed already , and that I only have a receipt/invoice. So I sent that along with the before and after pics of my car to the adjuster.
So I called 1 week later to check on my claim and they were like well usually we need 2 estimates. I stated I dont have estimates because as I mentioned before the car is already fixed since I came out my pocket, and that I only have a invoice. She said well I will email the adjuster to check on this claim since this is a unusually case since usually they need to see the car before paying a claim. I reminded her again since there was no mention of insurance on police report, and the lady got ticketed for having no insurance as well I was under the impression she had no insurance since she even mentioned it at the scene.
So my question is:
1.How long do they have to pay out on the claim or close it out
2.Do I have to send a estimate? The car is already fixed and I didn’t get a estimate when a shop fixed it just a invoice.
3. Do they have to reimburse me for full amount or will they settle for less? Are they obligated to pay full amount( I got the work down way cheaper then a body shop would charge)
4. If they take to long can I take the insurance company to court or do I take the driver?
5. How long should I wait for settlement and should I send a demand letter.
6. I know my post is long. I greatly appreciate your help and any more tips will be appreciated!
Mike
Now she stated at the scene that she dont have insurance or might have. I was going to take her to court, I even called her and she said she will call us back and contact her insurance.
I paid for the damages to my car out my pocket $3,000 right away after the accident and I got my car out the shop around April. I paid out my pocket because the lady made it seem like she didn’t have insurance.
Well fast forward I month ago 4 months later in July, I get a call by her insurance company asking me about the accident. They asked why I never contacted them, and I stated I never knew she had insurance. She said its in the police report, I stated that no where in the police report idoes it state anything about insurance. The claims lady checked and said I’m right.
Well I she asked for estimate and I stated I got the car fixed already right after the accident because I thought your client didnt have insurance. The claims lady said well send before and after pics and a “estimate”. I stated I don’t have a estimate since the car was fixed already , and that I only have a receipt/invoice. So I sent that along with the before and after pics of my car to the adjuster.
So I called 1 week later to check on my claim and they were like well usually we need 2 estimates. I stated I dont have estimates because as I mentioned before the car is already fixed since I came out my pocket, and that I only have a invoice. She said well I will email the adjuster to check on this claim since this is a unusually case since usually they need to see the car before paying a claim. I reminded her again since there was no mention of insurance on police report, and the lady got ticketed for having no insurance as well I was under the impression she had no insurance since she even mentioned it at the scene.
So my question is:
1.How long do they have to pay out on the claim or close it out
2.Do I have to send a estimate? The car is already fixed and I didn’t get a estimate when a shop fixed it just a invoice.
3. Do they have to reimburse me for full amount or will they settle for less? Are they obligated to pay full amount( I got the work down way cheaper then a body shop would charge)
4. If they take to long can I take the insurance company to court or do I take the driver?
5. How long should I wait for settlement and should I send a demand letter.
6. I know my post is long. I greatly appreciate your help and any more tips will be appreciated!
Mike
Posted: Wed Aug 10, 2011 12:48 am Post Subject:
Sounds to me like you were talking to some assistant at the insurance company that knows next to nothing about handling claims.
You don't need to send in estimates if you had it repaired. 1) you have a _very_ good reason for repairing the vehicle prior to allowing the insurance company to inspect the damage and 2) you were mitigating your loss as you are required to do by law. If they want to complain about something, complain about their bonehead insured.
How long have they had the estimate? While paying it within 30 days is what is usually required, I don't think it should take longer then a couple of weeks.
Rather then thinking about taking up hours of your time and spending money out of your pocket (filing fees, service fees, etc), why not call and speak to the adjuster and ask if there is anything else that they need and, BTW... how long do you think it will take to pay that bill?
When you call, speak to the adjuster who is actually handling your claim or another adjuster who knows how to handle claims.
Sometimes certain carriers have appraiser's review estimates before they can issue payment. if your car was 5 year old and you had new parts put on it, then they might only pay your for salvage parts or aftermarket parts. It takes a little while to determine what amount this would be.
You can also ask to be paid loss of use while your vehicle could not be used (at least in the shop being repaired). This would probably be around $25/day.
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