California Car Insurance Help

KaptKaos · 04-22-2008, 08:34 AM

On March 13, I was side-swiped by an 18-wheeler in downtown LA. Low speed accident, but my DD (91 Jetta GLi) took a beating. I didn't (foolishly) carry collision on that car. The driver of the truck stopped, gave me his insurance info. I filed a claim with my carrier. I have an independent witness to the accident, a lady that was driving behind me stopped and provided her contact info, responded to my insurance company and gave a statement that the truck driver was at fault.

Fast-forward to today. The truck driver's insurance company is unresponsive. They don't return calls and are generally unavailable. My insurance is dragging their feet. They keep telling me that they think there is insurance, but they are unwilling to pay it out as an uninsured claim.

Anyone familiar with insurance companies that can help me force this issue and get it settled? I can provide more info as needed. I don't want to name my insurance company at this time.

Let me know.

Thanks!

legion · 04-22-2008, 08:39 AM

Did you file a police report?

A tow truck hit my parked car with the car it was towing a few years ago. The tow truck driver gave a fake insurance card (all of the drivers for this company carried them). It took my insurer 6 months to figure out who the towing company's real insurer was.

Call the claim rep every day asking for status. The squeaky wheel gets the grease. This may take months to resolve, but it will be quicker than if you don't call.

Is your car a total loss? I'd guess most likely the repairs exceed the value of the car, so yes.

the · 04-22-2008, 08:52 AM

So you only had liability insurance on the Jetta?

Did you have uninsured motorist coverage?

KaptKaos · 04-22-2008, 09:06 AM

Quote:

Originally Posted by the

So you only had liability insurance on the Jetta?

Did you have uninsured motorist coverage?

Yes and yes.

KaptKaos · 04-22-2008, 09:11 AM

Quote:

Originally Posted by legion

Did you file a police report?

A tow truck hit my parked car with the car it was towing a few years ago. The tow truck driver gave a fake insurance card (all of the drivers for this company carried them). It took my insurer 6 months to figure out who the towing company's real insurer was.

Call the claim rep every day asking for status. The squeaky wheel gets the grease. This may take months to resolve, but it will be quicker than if you don't call.

Is your car a total loss? I'd guess most likely the repairs exceed the value of the car, so yes.

I filed a report with the DMV. Police don't come if no one is hurt.

They have not given me an assessment of the car from their appraiser. I assume it's totaled, but I could be wrong.

I can not wait 6 months for this. I want to send them a demand letter and then take them to court (Uninsured coverage is maxxed at $3500 in CA iirc).

the · 04-22-2008, 09:15 AM

What is interesting is that your own insurance company is apparently suggesting that you have coverage, under YOUR policy?

It would seem that if you are only carrying liability, and you know that the truck that hit you is insured, that you would NOT have coverage under your policy.

If any, I would guess it has to arise under the uninsured motorist coverage. Maybe because even though the truck has insurance, they aren't responding? I'd read your entire policy carefully for coverage, esp. the uninsured motorist part. You need to find out why your insurance company is suggesting you have coverage, find where in the policy that is coming from, and try to push it if it is there.

As to the truck, if their insurance is blowing you off, and your insurance is not going to cover you (i.e., pay for your loss and then go after the trucker themselves on a subrogation claim), you could always file a lawsuit against the trucker. He will tender the lawsuit to his insurance company, and they will pay attention to it. Claims go to one department (the Round File Department). Actual filed lawsuits go to another, and get paid attention to.

KaptKaos · 04-22-2008, 09:35 AM

Quote:

Originally Posted by the

What is interesting is that your own insurance company is apparently suggesting that you have coverage, under YOUR policy?

It would seem that if you are only carrying liability, and you know that the truck that hit you is insured, that you would NOT have coverage under your policy.

If any, I would guess it has to arise under the uninsured motorist coverage. Maybe because even though the truck has insurance, they aren't responding? I'd read your entire policy carefully for coverage, esp. the uninsured motorist part. You need to find out why your insurance company is suggesting you have coverage, find where in the policy that is coming from, and try to push it if it is there.

As to the truck, if their insurance is blowing you off, and your insurance is not going to cover you (i.e., pay for your loss and then go after the trucker themselves on a subrogation claim), you could always file a lawsuit against the trucker. He will tender the lawsuit to his insurance company, and they will pay attention to it. Claims go to one department (the Round File Department). Actual filed lawsuits go to another, and get paid attention to.

IF he has insurance, then yes, his coverage should pay. If not, my uninsured motorist should pay (I was not at fault). My company hasn't taken the steps to determine if the guy really has insurance. I am not an expert in that field and I can not make that determination, however, I have been waiting 40 days and that's long enough for them to have found out if he has insurance or not. So I am planning on sending my insurance a demand letter. I might send one to the guy that hit me too. After that, it's off to small claims.

What a friggen pain.

vash · vash's Garage

if you have uninsured motorist coverage, why not just pitch into your companies court? they do this for a living. let them go after the other company. file with your own company. you start up with this, and it will light a fire under them to go after the other guy.

KaptKaos · 04-22-2008, 09:57 AM

Likely what I will be doing.

I had a friend, over on 914World, that was an insurance broker. He passed away last year. His help with this would have been immeasurable!

mikester · 04-22-2008, 01:53 PM

Who is your carrier? They sound lame, I have been in 2 accidents in the last 3 years. Both times I was rear ended but both times I had MY insurance do the repairs via the uninsured motorist coverage and subrogate the claim to the offender's insurance for payment. This wasn't even my idea, it was theirs. They said they could do it for the auto repairs but not the medical claims as those were covered under a different part of the policy.

This did two things for me:

1) I was in control of the repairs in that I got to choose my auto shop and only deal with my Insurance company for the repairs. They warranty the repairs appropriately too.
2) It was handled quickly and without the problems you are experiencing.

You're insurance company sounds lame.

the · 04-22-2008, 02:04 PM

Quote:

Originally Posted by mikester

Both times I was rear ended but both times I had MY insurance do the repairs via the uninsured motorist coverage and subrogate the claim to the offender's insurance for payment.

It's good they did that, but it seems somewhat contradictory.

It is *un*insured motorist coverage, i.e., coverage that kicks in when an *un*insured motorist hits you.

Yet, your insurance company paid, and then went after the other driver's *insurance* company. So, obviously, the other driver WAS insured, not uninsured.

Hopefully Kapt's insurance company will do the same thing. That is of course the easiest solution. (Kapt, scan and post the section of your policy regarding the uninsured motorist provision, that would be interesting.)