by stephaniermartinez » Thu Apr 15, 2010 01:28 am
my car was involved in a hit and run but the guy who hit my car left the license plate and bumper at the scene he has insurance thru Hallmark same as me but i am getting a runaround and nobody ever calls me back the only thing i have heard is that they have to find him what should i do
Posted: Thu Apr 15, 2010 10:49 am Post Subject:
Don't you have the contact information of this guy?
I think Hallmark has to make the payment, and before moving a step further they would like to be sure of everything. If they've transferred your case for an investigation then it might take some more time before it gets settled.
Posted: Thu Apr 15, 2010 11:42 am Post Subject:
what should i do
If no one is returning your calls then call back...ask for the adjusters supervisor..when you get him/her tell them you haven't received return calls...They HAVE to talk with him before they can pay you...ask what means they have went to in order to reach him, (ie phone calls, sent ROR letter? sent a field rep out to his house or work?)..If you have collision coverage they can pay you under your coverage then subrogate his PD coverage once they make contact.
They can't just pay you because his bumper was at the scene..if the vehicle was stolen they wouldn't owe you..so they have to get a statement from their insured first.
Posted: Thu Apr 15, 2010 01:59 pm Post Subject:
Also, you should have field a police report at the time of the occurrence. The police could have contacted the owner/driver as well to confirm what happened or at least written a report to confirm your information.
Posted: Fri Apr 16, 2010 04:12 am Post Subject:
You can also contact your State's Dept of Insurance to help you with what may be an instance of unfair claims practices.
It could also end up being a case of insurance fraud if the insured of the offending vehicle was driving but reports the vehicle as stolen to try to cover for his error.
This happens all too often.
As the "injured" party, if you have collision (with or without uninsured/underinsured coverages), your insurer is obligated to provide coverage in this instance. If they require you to pay a deductible (if you don't have collision deductible waiver as part of the UI coverage), and they later collect from another policy or person, you could make a claim against that policy or person for your deductible (since the deductible is only meant to apply to claims resulting from your own at-fault driving errors).
Unfortunately, if you have to make a claim against an individual, it will probably require a trip to Small Claims Court and the possibility that the defendant won't have the money to pay. Then you would file an abstract of judgment against them, renew it annually, adding the permitted interest, and hope they apply for a home loan at some point in the future before they file for bankruptcy. No lender will allow escrow to close until that judgment is satisfied and released.
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