by Guest » Wed Apr 03, 2013 02:23 am
My truck was parked at the curb and was hit by a hit and run driver the police made a report and then the owner called the insurance company and told them her car was stolen but didn't let the police know until 3 days later when she filed a police report for the stolen car...now her insurance company is refusing to pay for my truck which was totaled out....does this sound right that the insurance company says that they won't pay.....Thanks so much in advance
Posted: Wed Apr 03, 2013 04:59 am Post Subject:
Yes, this simply means they won't assume the liability and won't pay. Anyway, was the parking place official/approved? If she didn't file a police report then that is not your fault. You can talk to your insurance agent/advisor or your claims representative to discuss further steps.
Did you have a comprehensive or hit and run add-on policy? This might help to get paid for the damages.
Posted: Wed Apr 03, 2013 07:48 am Post Subject:
Which state are you from? Does the basic liability insurance include collision coverage in your state? If it is really totaled, the insurance company should tow away the car to the salvage yard and offer you the actual cash value of your car.
Posted: Wed Apr 03, 2013 01:10 pm Post Subject:
I've seen many people claim that their vehicle was stolen. But who waits 3 days to report it to the police? Answer.... people who really don't have their vehicle stolen but want to get out of liability.
The problem is that her insurance company is probably not asking many questions as they want to get out of paying the claim. I'm betting the other person knows _exactly_ who took her vehicle and it was not "stolen" until she found out it was in an accident. Her carrier should get a recorded statement from her and grill her about where her keys were, where her car was, who had access to the vehicle, why did she wait 3 days to report it, etc.
You should obtain a copy of the theft report and review it. You may then want to press her insurance company to accept the fact that this other person is lying. Ask them why she waited 3 days to report. Ask them if she is still listing it her on policy (why would she want to insure a vehicle that was stolen). Other then that, you may want to file suit against the owner. You might find an attorney that will handle your case but it's going to cost you. You could file in small claims court but there is no Discovery... so you can't directly question the other person. But the other carrier may then hire an attorney to help their insured... which would cost them money. Regardless, the other person would need to show up in court and explain to a judge how her vehicle could have been stolen and why she waited 3 days to report it stolen. You could then also attempt to make your argument that it really was not stolen (perhaps the police report would help with this). There is a chance that you could convince a judge that it's all a lie. This would cost you about $100 so it might be worth it.
Do you live near this other person? If you do, go see if she got her car back. If she did, ask her carrier to question her about how she got it back.
As mentioned, if you have collision or Uninsured Motorist Property Damage you'd file your claim with your own carrier.
Posted: Thu Apr 04, 2013 01:58 pm Post Subject:
Classic signs of an attempt to commit insurance fraud. Follow tcope's advice above.
Posted: Fri Apr 05, 2013 03:40 am Post Subject:
Classic signs of an attempt to commit insurance fraud.
And here her insurance carrier is also helping her (involved). You have a win win case if you can afford to drain 100 bucks as tcope said earlier.
Just finding the right answer to the "3 days" question could soothe up things for you.
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