Posted: Mon Oct 13, 2008 10:33 pm Post subject: totaled while parked
Hi everyone,
I really need help with this..
My car was hit - very badly- as an accident happened right next to it about three weeks ago. I found my car with a police report on the door.
So I contacted the insurance companies of the two people who had the accident. (I only have liability) - Both companies sent people to look at my car, they said it was totaled. But after numerous phone calls, they both are now denying that their insurer has the fault in the accident - I mean, both say that the other party has the fault and that they won't pay me anyhting. I guess all I can do now is to sue them but I don't even know if I am supposed to sue the insurance companies or the people who had the accident.
Do you have any paperwork from either company stating your car is totaled?
If neither company is going to admit fault, you may have to contact an attorney.
Only other option is to file a claim with your insurance company. They will pay and go after the other two companies (subrogation).
Down side to that is that you are filing a climb on your policy.
Upside is that you will get another car. _________________ Life moves pretty fast. If you don't stop and look around once in a while, you could miss it. - Ferris Bueller
Most likely, the driver/owner of the vehicle. Only a few states are direct action states and would allow for suit to be filed against the insurance company. Have you obtained a copy of the finalized accident report that the offer wrote up? Have you found out from each carrier what their liability contentions are (why they feel their driver is not liable)?
Post what state your in and it will help (as joint and several may also apply).
Have you spoken to each carrier's adjuster and found out if they might be willing to accept partial liability in order to have your claim settled? Let them know you plan on filing suit against each party if they cannot get together and solve the issue. Remind them that a judge will see you as an innocent party and probably make the carriers pay one way or the other (i.e. the judge may not make a decision based on you proving which party is responsible and how much, only that one or both are responsible and as the carriers cannot determine how much, the judge will make that decision).
Only other option is to file a claim with your insurance company. They will pay and go after the other two companies (subrogation).
sharpen your eye balls Life...
Quote:
(I only have liability)
I would imagine that both of these carriers will eventually send this claim to arbitration where a decision is rendered and then you will get paid by someone but frankly that could be a year from now...and you can't wait that long...
What happened in the accident? If you have the report let us know, if you don't get it...as T pointed out the state is of great significance...most policys have an area that talks about ''innocent third partys''...let us know the state and EXACTLY what the report says.. _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
You got me sweetie...I missed that. _________________ Life moves pretty fast. If you don't stop and look around once in a while, you could miss it. - Ferris Bueller
I can only communicate with one of the insurace companies. I have a report from them saying that the car is total loss. and they sent that they sent out a letter about why they are denying the claim.
On the other hand the other insurance company did not return my call, I left a message asking for a letter but i don't think they'll send me one.
I also told both of them that I'll have to go to court if they don't pay, didn't make any difference.
in this accident one car is getting out of parking space (on street) and the other is turning on the street. both companies say that the other car has the fault.
so all I have is the police report and a total loss letter from one company so far.
and, I am in Illinois.
I am a grad student, i can't really hire an attorney and I feel like I shouldn't have to. But like I said, I don't even know who to sue here.
These are my suggestions:
1. Get a copy of the police report.
2. Find out the name of the insurance company of the person who struck your parked car and contact that company directly to file a property damage claim.
3. If the top two things don't help resolve the claim issue contact the State Insurance Commissioner of the state you are in to file a complaint.
4. The last thing if all else fails you will have to contact either your insurance agent to see if he/she has any suggestions or contact an attorney.
I hope this issue gets resolved for you
Licensed Property/Casualty Agent in State of Michigan
I would imagine that both of these carriers will eventually send this claim to arbitration where a decision is rendered and then you will get paid by someone but frankly that could be a year from now...and you can't wait that long
I would disagree that this will help the OP in any way. If the other two carriers field in arb, it would only be to address their own loss. Nothing will be said of the OPs vehicle. Any decision made by AFI about the case between the other two parties is not binding on the OP or really involves the OP in any way.
OP, if the other insurance company does not send a denial in writing, it's still an active, open claim. Fair Claims handling guidelines differ from state to state but most require a decision on a claim within 30 days or a reason why this decision has not be finalized. If they won't give you a response, pick up the phone and call your state Dept. of Insurance.
I looked quickly at Joint and Several laws in IL and it's a little confusing. It appears there is a 25% rule but that only applies to injury, not property damage. I _think_ this means JS does not apply to property damage. In a nut shell, JS means that you could hold either at fault party responsible for 100% of your loss and then it's up to _them_ to hash it out with the other party. JS exists to protect the innocent 3rd party. Again, you would only need to show that a person was 1% liable and then they would be bound to pay 100% of your loss. As mentioned above though, I don't think JS applies in IL for property damage (you could call an injury attorney in your area and they might answer that question on over the phone).
You don't need an attorney to file in small claims court.
You can also probably download the paperwork to fill out, fill it out and then send it to both carriers along with a letter letting them know you will file against _both_ of them if they don't get this taken care of (i.e. you file once, against both parties). You don't have to actually file... just send them the completed forms to light a fire under their butts. To be honest, I think you'd win in small claims court and/or if you filed that those carriers would not want to hire their own attorneys and they would be more eager to settle. A judge won't like the fact that these two carriers are just going to point the figure at each other in order to not pay your claim. I can certainly understand both carriers point of view at this time... sometimes they can only "think outside of the box" once their insured has a suit filed against them. It's sometimes a numbers game... they really don't think they are liable but they also don't want to spend $5000 in defense of a $1000 claim. That is, they need to be faced with that $5000 defense cost before they can change their minds and just pay the claim they don't think that they owe.
Sener, Sorry to hear of your troubles.
I can not believe it can be this much of a hassle for a person not even part of the accident to get a car loss compansated. If this would go to court could he then ask for his atty fees to be reimbursed? If they don't then he still has taken a loss due to no fault of his own.
Never thought of small claims court. Guess that would be an option if your car weren't worth too much since they usually don't have very high amounts you can actually sue for. Then of course if he was only carrying liability maybe it wasn't worth too much? Just a thought.
Nice to know he can recoup court costs.
Any decision made by AFI about the case between the other two parties is not binding on the OP or really involves the OP in any way.
I disagree arb makes a definative liability decision...if vehicle #1 is found 100% at fault then they owe for the OP vehicle and couldn't get out of that payment if the arb decision is against them...granted it will take forever (as I said) to get this done...think arb files take what about six months at least?
I don't think we mentioned (maybe someone did) OP you have to sue the drivers of the vehicles not the carriers....personally I think you should got straight to the dept of ins now and get a fire under their butts... _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
AFI decision are not binding to third parties. The only reason they are binding at all is that both/all parties signed a contract agreeing to it being binding. I'll give an example... if a respondent in their contentions places liability against a 3rd party that is not a member of arb then the Applicant can withdraw their filing and sue all parties... even those that are members of AFI. This is part of the Rules as any decision rendered by AFI does not apply to a non-member in any way.
Probably a better way of putting this is that AFI won't, can't make or tell a Respondent what they need to do with a 3rd non-member party. It's not withing the scope of what they do. I can't file against you and in order for AFI to tell you how to handle a claim with another non-member. I can only have them rule on a case between you and me. I have a claim right now where my insured hit 5 people. Most of their carriers are members of AFI. I offered 80% to all carriers. One filed with AFI and won 100%. I paid that carrier 100% but none of the other carriers (again, they are also members). I have no obligation to do that. They need to prove their own cases. If I don't need to pay other members of AFI, I certainly don't need to pay a non-member.
Cases usually take around 30 days to be heard by AFI once filed. Carrier has another 30 days to pay. But preparing and submitting might take a carrier 30-60 days so right there you might have a 4 month "delay" when you add it all up.
Well I agree with you that arb will not bind them to paying the third party...just that this loss, not your five car wreck...arb says car #1 is 100% at fault...do you think that carrier isn't going to have to pay for the OP's damage? do you think that her damage isn''t going to be see by the board? (police report if nothing else)...all I'm saying is I believe IN THIS ACCIDENT...the carriers will pay the OP what arb says (if the OP doesn't get it paid before)... _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
Whoa..4 months...6 months..How fair is this to the OP? So if this is a persons only form of transportation and they haven't the means to get another vehicle what are they suppose to do until all the arguing is over? Just doesn't seem fair to the innocent victim.
