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 Posted: Wed Jun 03, 2009 9:01 pm Post subject: had a car accident |
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| Ok.....here's the 'deal'. Yesterday I was in a car accident. Someone had rear-ended me. Her hood and front of the car were smashed in. My back bumper was bent down. She had to have her car towed. I drove away. I called her Insurance Co and told them what happened. Her Insurance Co. told me if "their insured doesnot file a claim, there is nothing they can do." Is this true? Since SHE rear-ended ME, isn't the accident automatically HER fault? I thought it was in the state of PA. |
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sdchargersfan
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| Posted: Wed Jun 03, 2009 9:17 pm Post subject: |
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SD, how long have you been here? You did not start a new thread? 
| Quote: | | Her Insurance Co. told me if "their insured doesnot file a claim, there is nothing they can do." Is this true? |
I don't mean to sounds like I know everything but I'll bet -any- amount of money that you spoke to some lackey in the agents office. Boneheads.
No, it's not right. Call back and ask to speak to the agent. Tell the agent what you were told and see if they want to stick with this statement. They won't... but it they do, feel free to mention that you will be filing a complaint with your state's DOI and including their name in the complaint.
The other person's insurance company has a legal obligation to protect their insured... even if their insured does not ask for it. As you can file suit against their insured and collect a lot of money, they need to react even to your report of the loss. Plus, it's just boneheaded to think that someone could ignore a claim by not calling their carrier. |
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tcope
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| Posted: Wed Jun 03, 2009 10:04 pm Post subject: |
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| Quote: | | SD, how long have you been here? You did not start a new thread? |
GIRL...I got it Todd  
Some company's (dumb IMO) require their insured to report the claim to their agent...who then reports it to claims (dumb again)...SD what company is it?
You DID call the cops right? If their insured is uncooperative, they can still determine liability by a police report (done it my self, then prompty send in an underwriting report, requesting they be non-renewed for non-cooperation  )
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Lori
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| Posted: Wed Jun 03, 2009 10:27 pm Post subject: |
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Um, did she just call me "girl"??????  |
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tcope
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| Posted: Thu Jun 04, 2009 1:55 am Post subject: insurance |
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| Sounds like ya' all are having a 'debate' on who is a girl in this Forum: LORI and TCOPE!!LOL Yes....as soon as the accident happened, I call 911 on my Cell phone. The State Police wrote a statement, etc. The other DID tell the Policeman SHE hit ME. Her front grill, hood, etc, was smashed in. She had to have her car towed. Me? On MY car, the only thing it did is bent the back bumper down. The OTHER driver's Insurance Co. is 'Progressive'. I spoke to them about an hour after the accident. 'Progressive' told me there was NOT a claim made about the accident and if the other driver doesn't make one, they could not do anything. No, TCOPE..I din't make another thread....'my bad'. |
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sdchargersfan
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| Posted: Thu Jun 04, 2009 11:49 am Post subject: |
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| Quote: | | Um, did she just call me "girl"?????? |
naa, I was saying 'GURLLLLLLLLL' to SD.. | Quote: | | 'Progressive' told me there was NOT a claim made about the accident and if the other driver doesn't make one, they could not do anything. |
You are DEFINATELY talking to an agent...stop that right now!!! Do you have her policy number? Name, address, type of car she was driving? Call 1-800-PROGRESSIVE, RIGHT NOW...file a claim with the COMPANY not an agent...but SD you have to have 'some' information on this person...what cha got?
| Quote: | | No, TCOPE..I din't make another thread....'my bad'. |
and THAT is why I said, 'girl'
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Lori
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| Posted: Thu Jun 04, 2009 6:37 pm Post subject: insurance |
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| I have ALL of the information on this girl. One of the policeman, at the scene, wrote down Insurance info on both of us. He gave me HER Insurance info and gave HER my Insurance info. I DO have everything. |
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sdchargersfan
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| Posted: Fri Jun 05, 2009 12:57 am Post subject: insurance |
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| ..anyway, the other driver had called me and said she hasn't filed a claim yet. She found out her car is totaled. However.......if she doesn't file a claim, should I get an estimate on MY car and send it to HER Insurance Co.? |
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sdchargersfan
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| Posted: Fri Jun 05, 2009 7:34 am Post subject: |
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| Sd, when you have all the information of the other driver you should just go ahead and file the claim with her insurer. Have you done what Lori has asked you to do? |
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JeremyHolter
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| Posted: Fri Jun 05, 2009 10:56 am Post subject: insurance |
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| I did. I called the number LORI gave me. HER Insurance Co said they would call me back when they talk to the OTHER driver ( I don't get it,..why do they need to do that when I told Progressive I have a police report?). However....I plan on calling them, again, today. |
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sdchargersfan
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| Posted: Fri Jun 05, 2009 11:16 am Post subject: |
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Did you call the 1-800-progressive number and turn in a claim? meaning did the person on the other line ask you all of your information, their insured's name, policy number etc? Did they give you a claim number? Did they tell you that it would be assigned to an adjuster and the adjuster would be in contact within a couple of hours? Then did the ADJUSTER call you back and get a statement from you about what happened? and then tell you they needed to talk to their insured? Or have you got all the above information from the number you called (her agent)?...why did she say she hadn't turned in the claim, and how does she know her vehicle is totaled, and why is she calling you anyway?
If you didn't get a claim number then you didn't turn in the claim... | Quote: | | I don't get it,..why do they need to do that when I told Progressive I have a police report?). |
Depends who you told at progressive that...and adjusters ALWAYS have to talk with their insureds...people lie, people make false reports etc...if someone turned in a claim against your policy wouldn't you want your carrier to call you and ask about it, what happened etc? or would you just want them to say, 'ok here's your money?' adjusters don't go by the police reports determination of liability and negligence, it's just a tool, and PART of the investigation..people make fake 'walk in' reports all the time...so they have verify with their insured that, yes they were in this accident, and the facts of loss....
When you call them back today who are you calling?
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Lori
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| Posted: Fri Jun 05, 2009 12:38 pm Post subject: |
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| Quote: | | ( I don't get it,..why do they need to do that when I told Progressive I have a police report?) |
your paying your carrier a lot of money each year for insurance. If you were in the accident would you want them to not call you for your side of the story and just go by what was on the police report? That would also not be acting in good faith toward the insured.
Police reports are not liability reports. They are the _officers_ account of what he/she understood about the accident. Also, they are many times incomplete and sometimes incorrect. Would it be wise for an adjuster to use a short paragraph that the police officer wrote that the officer obtained when speaking to the drivers when the adjuster could speak directly to the drivers themselves?
Lastly, the officer is not really investigating liability as it applies to state laws. They are investigaging to determine to determine if any laws were broken, what actions need to be taken based on those actions and because it's part of their jobs to make a public record of certain traffic accidents. |
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tcope
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| Posted: Sat Jun 06, 2009 1:07 am Post subject: insurance |
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| Well.........Progressive DID call me back today. She ( the Rep on the phone..) said she had talked to the "insured" and the OTHER driver told her the same story that I told to Progressive, when I called in the claim. However....the Rep, on the phone said they needed to talk to the insured because..there was no cliam filed before I called. Anyway...........the Rep said they had "their own 'garages'", etc. i told them I have my own mechanic, and so forth. They ALSO said an Adjuster would come out to my home if I needed him to. I would like to get an estimate from MY mechanic, too. I told the Rep this, as well. Should I have the Adjuster meet me at the garage of MY choosing and look over my damages with my mechanic there as well? |
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sdchargersfan
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| Posted: Sat Jun 06, 2009 9:00 am Post subject: |
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Hi Lori and Tcope, I've come to know from reading your posts that the adjuster's would have the last word in the claim process and they might at times chose to ignore the police report entirely, which makes me wonder what importance the police report would have in a claim?
The police are the people to reach at the scene first; they have the first hand information from the parties involved. Can it be ignored completely?
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Messing-with-info
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| Posted: Sat Jun 06, 2009 11:12 am Post subject: |
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| Quote: | | what importance the police report would have in a claim? |
The names and addresses are usually correct..
| Quote: | | The police are the people to reach at the scene first; they have the first hand information from the parties involved. Can it be ignored completely |
NO of course not, and we are in no means discounting the police report, BUT what the police report typcially says is a one sentence quote from the people involved re: their perception of the accident...'if' and that's a big big 'if' the officer drew a detailed diagram with the vehicles STILL in place. That diagram is extremely helpful in a claim investigation. But here's the thing...let's say it's a ''green'' light question (both drivers claim the green light)...One car had two people in it the other car had the driver only...the police report, and many times the officer, will take those 'witnesses' that were in one of the cars word for the color of the light. Are they independent witnesses? (witnesses with nothing to gain or lose?) of course not...Police reports (as Todd said) look to determine if a law has been broken in their opinion. NOT necessarily where negligence/liability lie in an accient...they don't have time for one thing...I would say that 85% of the time you can determine negligence, or the degree of, by scene investigations, statements, and physical damage. The cop asks the people 'what happen' and writes something like, ''I was driving, and all of a sudden I got hit"...you see what I mean? There are alot of questions that need to be asked.
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Lori
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