What is the best way to get reimbursed for my loss?

by mr_al_chan » Sun Mar 01, 2009 10:07 pm

Hi Everyone,

I live in Queens, NYC, New York. My parked car was hit at the back in early October '08. The driver hit and ran away, left NO information at all. I didn't discover the issue until 3 or 4 days later (I only use my car at weekends). Luckily, my good neighbors came forward and left me a note including the other driver's Maryland plate number.

I have no collision coverage with Geico. I reported to them as soon as I found out my witnesses' note. I called the NYPD, but they refused to file a report for me because I didn't (couldn't!) report it the same day as it happened. I filled out & mailed an accident report to the NY DMV. Geico ran a plate check for me and found nothing.

So I contacted Maryland DMV and forwarded my case to them. They sent me a letter stating that they could not process my case because they already had a case being processed on the same vehicle - the driver just ignored all their letters. They sent me the driver's name, his Maryland mailing address, his car model ('96 Ford) and a corrected tag number - the witness mistakenly marked an "8" as a "B". I forwarded the same information to Geico. They re-ran the plate check and finally found the driver's insurer in early January '09.

I called this insurer and presented my case to them the same day I received the call from Geico. I cooperated with them in every step of their investigation (e.g. I provided my witnesses' information, did a checkup/appraisal at their auto-shop, etc). They told me, as my friend suspected, the other driver has another NYC address. The insurer sent letters to both addresses and even (as they claimed) asked people to ring his bell. The other driver NEVER cooperated.

Now, the insurer called me and told me that because the insured did not cooperate AT ALL, they decided to close the investigation and denied any and all coverage regarding this driver. They urged me to bring the other driver to court. They refused to provide me with an investigation report or any information (e.g. his NYC address) due to privacy policy.

So, my question is - what is the BEST/quickest way to get reimbursed to fix my car?


The appraisal tells me that to fixed my car, it will cost $ 1600. If possible, I'd like to deal with the driver's insurer more than himself (who knows what kind of person he is! I don't want to risk my family and my own personal safety against some irresponsible people who ignored official mailings...). Suing him with a lawyer is the last option.

Can an insurance company deny claims so easily just because their at-fault customers don't answer the door? Do the Laws in US allow this kind of claim denial? How should I "force" them to do more? Threaten to sue them - will it work? Do you or your clients have similar situations and what did you/they do to successfully settle the problem?

This situation has dragged for more than 5 months!
I just want to get my car fixed with his/their money.
Thanks for reading and providing the much needed information/solution.

Best regards,

Albert

Total Comments: 6

Posted: Mon Mar 02, 2009 05:13 am Post Subject:

This is horrible to hear. I hope insurance companies will not just deny claims just because the client doesn't respond. That is very unfair. Hopefully the experts can provide information on how you can pursue this further.

Posted: Mon Mar 02, 2009 07:39 am Post Subject:

As long as they made a good faith effort in trying to investigate the claim, there is not much else they can do. From what you posted, it would seem that they made a good faith effort for about 2 months to try and contact their insured and he decided not to respond. You can file suit against anyone including the insurance company, but on what grounds?

Their insured has a duty, in the insurance contract he signed, to cooperate with their investigation and if he does not they have every right to deny coverage. Remember, they are not denying liability they are denying coverage to their insured. I know that this is not much different to you as you are out money, but their is a large difference. Your claim/dispute is with their insured and you would have to pursue him in court for relief. To file against the insurance company, they would have had to act in bad faith or similar. If you file suit the other driver may then be willing to respond to their insurance company for a defense.

Also, since it has been 5 months you may want to get on this since at this time his vehicle is most likely repaired and it will be even more difficult to prove that he hit your vehicle depending on physical evidence. It could also be possible that he no longer has the car. A 5 month old witness that took down the wrong plate really doesn't help much either.

Adjusters don't get a lot of claims like this where our insured doesn't respond, but the ones that I handled ended up with filed lawsuits. Most of those the insurance companies ended up settling once the insured responded and only after receiving suit papers, and yes even after the carrier originally denied coverage for no cooperation by their insured. The remaining few ended up going no where as our insured fixed or sold their vehicle and evidence was lost.

Posted: Mon Mar 02, 2009 09:36 am Post Subject:

Well, to conduct a fair investigation the insurance company needs to get the version of their insured as well. Therefore, if the insured decides not to respond there isn’t much they can do. At this juncture your only option is to sue the other driver.

You may also consult the option with your insurer if you can report the plate number of the driver to DMV and get his license revoked.

Posted: Tue Mar 03, 2009 01:27 pm Post Subject:

I'm sure they have sent their insured several reservations of rights letters...best/only way i would know to continue is to file in small claims court, he won't show up, (likely) so you will get a default judgement, you don't need a lawyer and it won't cost much to file it...after receiving judgment present that to his carrier see if they will pay then, if not you will have to find a way to collect on the judgement, i'm so sorry...this happened, but 'at least' you have a shot...if the neighbor had not seen this, you would have no clue at all and NO hope...

Posted: Tue Mar 03, 2009 01:46 pm Post Subject:

This is absurd that a driver can refuse to cooperate and then a person can not get their vehicle fixed. Surely with all that evidence this person can get help. Most of us know how these judgement verdicts can go. Can the judge set this guy up on a payment plan to refund the poster for their damages and what happens if they do not pay? Can they be sent to jail or do a sherriff sale?
I am really sorry to hear you have got to go through so much trouble. People like this really irk me. They rate right up there with people with no insurance.

Posted: Tue Mar 03, 2009 01:54 pm Post Subject:

This is absurd that a driver can refuse to cooperate and then a person can not get their vehicle fixed.

I agree, and states are different (companys too) how they handle these types of claims, the area i'm in and company i work for would have paid it under a reservation of rights likely/ultimately..i think...(how's that for being clear :roll: ) rest assured this idiot will be canceled by his/her carrier regardless

..Most of us know how these judgement verdicts can go. Can the judge set this guy up on a payment plan to refund the poster for their damages and what happens if they do not pay?

I doubt the judge would, but the OP could (depending on the state rules) file a garnishment once they found out about a job..more than likely the OP will have to pay to have an asset check run on him..

Can they be sent to jail or do a sherriff sale?

'maybe' be doubtful on the sheriff sale, no way they will go to jail on this (damage)....course maybe the jerk is in jail now on something else, thus the no return of calls or letters...worth a shot to look..

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