by x1x2x3 » Fri Oct 09, 2009 01:13 am
Hello everyone,
I am so happy to have found this place. Could anyone please help me?
I'm writing from New York City. Recently I was rear ended by a truck in a bumper to bumper traffic. The truck behind me rushed to move to a gap on his left lane and hit me on my left rear end. Only my car sustained damaged. It was rush hour and a traffic officer moved us to curb. I have never had an accident before so I didn't have presence of mind to take pictures or anything. Police came two hours later. I told them what happened, but the driver of the truck said that I lane changed before him and cut him off. The report was: vehicle 1 states this... and vehicle 2 states this...
I filed a claim with truck's insurance (State Farm). Their Estimate Inspector came and inspected my vehicle. State farm said they will get back to me after they talk to their insured. Fifteen days passed and I heard nothing from them. When I called they said they still haven't got hold of their insured and now they are forwarding the claim to a department that will send somebody out in street to track the insured. I asked them if there is a time frame for them to talk to their insured. They said if they are not able to talk to their insured in 30 days the claim will be decided with what they have on file- I don't know what this mean but this is exactly what they said. After 30 days they are still saying the same thing- that they haven’t been able to talk to their insured. Strangely now ‘30 days time frame’ means nothing to them. I talked with my agent. He asked me to fax him the police report. He said he will call me back and have 3 way conference call with State Farm. He never called back. I presume he has nothing to gain from this and is not interested to help.
My questions are:
Is this “30 days time frame” true?
Is it possible that they haven’t been able to get hold of their insured or are they just not trying to pay?
What do I do if State Farm keeps on saying that they haven’t been able to talk to their insured?
When State Farm finally gets hold of their insured and talks to him he will say I cut him off. My story is completely differently. We both have no proofs. How will the claim be decided? If we closely investigate the impact, I am sure, it will prove that their insured is lying.
If State Farm keeps on holding it off is it advisable to file a claim with my insurance (Allstate)?
Thanks to whoever helps!!
I am so happy to have found this place. Could anyone please help me?
I'm writing from New York City. Recently I was rear ended by a truck in a bumper to bumper traffic. The truck behind me rushed to move to a gap on his left lane and hit me on my left rear end. Only my car sustained damaged. It was rush hour and a traffic officer moved us to curb. I have never had an accident before so I didn't have presence of mind to take pictures or anything. Police came two hours later. I told them what happened, but the driver of the truck said that I lane changed before him and cut him off. The report was: vehicle 1 states this... and vehicle 2 states this...
I filed a claim with truck's insurance (State Farm). Their Estimate Inspector came and inspected my vehicle. State farm said they will get back to me after they talk to their insured. Fifteen days passed and I heard nothing from them. When I called they said they still haven't got hold of their insured and now they are forwarding the claim to a department that will send somebody out in street to track the insured. I asked them if there is a time frame for them to talk to their insured. They said if they are not able to talk to their insured in 30 days the claim will be decided with what they have on file- I don't know what this mean but this is exactly what they said. After 30 days they are still saying the same thing- that they haven’t been able to talk to their insured. Strangely now ‘30 days time frame’ means nothing to them. I talked with my agent. He asked me to fax him the police report. He said he will call me back and have 3 way conference call with State Farm. He never called back. I presume he has nothing to gain from this and is not interested to help.
My questions are:
Is this “30 days time frame” true?
Is it possible that they haven’t been able to get hold of their insured or are they just not trying to pay?
What do I do if State Farm keeps on saying that they haven’t been able to talk to their insured?
When State Farm finally gets hold of their insured and talks to him he will say I cut him off. My story is completely differently. We both have no proofs. How will the claim be decided? If we closely investigate the impact, I am sure, it will prove that their insured is lying.
If State Farm keeps on holding it off is it advisable to file a claim with my insurance (Allstate)?
Thanks to whoever helps!!
Posted: Fri Oct 09, 2009 03:18 am Post Subject:
They must speak with their insured to conclude their investigation. However, the police report will normally supercede what the insurance company says, especially if their insured was at fault. If you have a copy of the report, what is listed under the section of "contributing circumstances"? What driver was cited for what circumstance? Improper lane change, inattentive etc. I am not aware of a waiting period to speak to their insured or for them to make a decsion, perhaps someone else can chime in. In all of the cases I have handled, once I get a copy of the police report, the ball starts rolling. If your not hearing from them soon, I would go ahead and file with your carrier and they can subrogate with State Farm.
Posted: Fri Oct 09, 2009 03:46 am Post Subject:
30 days is typically a time frame that states impose on situations like this. That is, most states have a time frame that something needs to happen. For example, you submit the documentation required to process a claim... it needs to be paid w/in 30 days. If a claim is pending most states require the carrier to keep the person informed as to the status every 30 days. But if the carrier has a reason for needing more information, yes, they can pend it for longer.
I'd recommend calling back and following up on their statement that they were going to send someone out to knock on his door. Did they do this? It's reasonable that they would. I'm not saying you should but does this person live close by? Have you considered knocking on his door with cell phone in hand and SF's number dialed? Again, I don't recommend this but it's a thought.
Other then that and SF can do one of two things. They can use the information available and make a liability determination or they can deny their insured coverage and not pay your claim. I don't think they will deny coverage but it's possible.
Are they just trying to stall you and get out of paying the claim? No. They know its not going to go away and supervisors don't just let claims be closed in situations like theses. It would generate a Dept of Insurance complaint and they could be fined.
If nothing happens in a week or so I'd recommend calling a supervisor and very nicely ask if there is anything they can do to speed up the process. If you don't get a good answer, file a complaint with your state Dept of Insurance. I'd call the supervisor first as you don't want them to deny coverage to their insured which would leave you hanging in the wind.
Posted: Fri Oct 09, 2009 03:58 am Post Subject:
Reading the OP's post, it sounds as if the officer put down both party's statements and being that the OP did not state that either driver was cited I would assume that neither was cited.
Truck drivers are hard to get a hold of after an accident, either they can't afford to have sometime on their record or they hope it will just go away. When I handled truck claims, I always had a hard time contacting our driver. If liability was clear based on the police report or witness statements payment would be made without their statement. In your case, it is your word against the truck driver's.
If they get in touch with their insured and since you have no proof of what happened, I can see them denying the claim (unless his story changes to the truth). If they don't get in touch with their insured, I can see them denying him coverage for the loss and as such not covering your damages.
I know people hate to go with their own coverage, but if you don't get anywhere in the next week or so I don't think you will have a choice.
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