Accident

[CSA]

Don't let your insurance deal with this. The only way your insurance company will "deal with this " is if you have collision. That will at least cost you your deductible. and will be on your record as an accident. It will not be an "at fault" accident, but it will be there.

I have been through this personally and professionally, and I will tell you how to address the situation. It is a little tedious but won't cost you anything other than some postage.

Draft a letter to the ins. co. and state that despite repeated demands, they have refused to adjust an accident clearly caused by their insured. Make a reference to the copy of the police report which you are enclosing.. Tell them they have 10 days from the receipt of the letter to adjust the claim or you will be filing suit against their insured. Tell them that if you need to file a proof of claim send you one by return mail. (This is important if they claim you never filed a Proof of Claim.(If you want to get really fancy, enclose a copy of the complaint you have already prepared.)

Send this letter certified mail, returned receipt requested to the company. If you know how, try to find out who is their registered agent in Georgia and send one to it, CCM-RRR. Send a copy to the insured for sure, CCM-RRR. Send a copy to the ins. comm.

The fact of the matter is if you file a claim even in small claims court, the ins. co. is on the hook for a defense (lawyer), and that is real money out of their pocket.

Saying that their insured has not contacted them is pure and total BS. If that were the case no one would ever report an accident. Threatening them with litigation hits them in a weak spot.

As a footnote, if you file a suit against any insured person, and make sure the insurance company is aware of the lawsuit, the ins. co. is on the hook for the costs of defense and paying any judgment you might receive. even if the insured has crawled into a hole and pulled it in on top of himself. The costs of defense (paying the lawyers) is real money out of their pocket. When they pay a claim to an insured claimant it's not real money because the companies swap out claims against each other's insureds.

Wow man that is perfect advice. Thank you a bunch for the help. I’ve actually went ahead and bought a new vehicle so I’m in no hurry but I’m defiantly doing this.

 

[bulletpaluza]

I went through this. You will not be screwed if he is at fault. But the insurance company has to send 3 certified letters 1 week apart from delivery date if still no response they will send someone out to the address 4 times if no contact is still made then they will settle and fix your property. I called the sheriff's and asked them to the guys work (he was in a company van in the accident) to ask him to handle this incident immediately, at a deputys convenience. I dont think 10 hours went by after that call that the insurance company called me saying "they were able to to get in contact with thier client for me"

Anyway if you dont do something it will take well over a month and with insurance companies you have to buy the crap out of them call 3 times a day checking on the status never let your guard down and always choose your words wisely. They will throw crap back at you that you had said.

 

[CSA]

I went through this. You will not be screwed if he is at fault. But the insurance company has to send 3 certified letters 1 week apart from delivery date if still no response they will send someone out to the address 4 times if no contact is still made then they will settle and fix your property. I called the sheriff's and asked them to the guys work (he was in a company van in the accident) to ask him to handle this incident immediately, at a deputys convenience. I dont think 10 hours went by after that call that the insurance company called me saying "they were able to to get in contact with thier client for me"

Anyway if you dont do something it will take well over a month and with insurance companies you have to buy the crap out of them call 3 times a day checking on the status never let your guard down and always choose your words wisely. They will throw crap back at you that you had said.

After I sent email saying I was going to file suit against their client I got a call the next day saying “since we have the police report we will proceed with the settlement.” That’s weird how they changed their mind.

 

[BanjoJohn]

After I sent email saying I was going to file suit against their client I got a call the next day saying “since we have the police report we will proceed with the settlement.” That’s weird how they changed their mind.

Most all ins companies are the same, (health, life, auto) deny, deny, lowball offer, lowball offer, once threatened and they find out they aren't dealing with someone that isn't ignorant to their game, they settle.
Sometimes it pays to be an asshole.

 

[CSA]

Most all ins companies are the same, (health, life, auto) deny, deny, lowball offer, lowball offer, once threatened and they find out they aren't dealing with someone that isn't ignorant to their game, they settle.
Sometimes it pays to be an asshole.

Yep and I got legal shield so my lawyer is going to review their offer and make sure they calculated it correctly. Since I got a new vehicle already I got all the time in the world to make sure they pay me what I’m due but I will be fair. I don’t want to be one of those sue happy people.

 

[BanjoJohn]

I stopped one adjuster dead in his tracks.

He started out by saying "Well the average resale value" Hold on there buddy. My car was way above average, so let's start there.

Insurance companies will screw you over and make you think they are doing you a favor.
They will even send you a Christmas card if they can screw you over good enough.

 

[gh1950]

After I sent email saying I was going to file suit against their client I got a call the next day saying “since we have the police report we will proceed with the settlement.” That’s weird how they changed their mind.

Imagine that.

 

[TAG]

Don't let your insurance deal with this. The only way your insurance company will "deal with this " is if you have collision. That will at least cost you your deductible. and will be on your record as an accident. It will not be an "at fault" accident, but it will be there.

I have been through this personally and professionally, and I will tell you how to address the situation. It is a little tedious but won't cost you anything other than some postage.

Draft a letter to the ins. co. and state that despite repeated demands, they have refused to adjust an accident clearly caused by their insured. Make a reference to the copy of the police report which you are enclosing.. Tell them they have 10 days from the receipt of the letter to adjust the claim or you will be filing suit against their insured. Tell them that if you need to file a proof of claim send you one by return mail. (This is important if they claim you never filed a Proof of Claim.(If you want to get really fancy, enclose a copy of the complaint you have already prepared.)

Send this letter certified mail, returned receipt requested to the company. If you know how, try to find out who is their registered agent in Georgia and send one to it, CCM-RRR. Send a copy to the insured for sure, CCM-RRR. Send a copy to the ins. comm.

The fact of the matter is if you file a claim even in small claims court, the ins. co. is on the hook for a defense (lawyer), and that is real money out of their pocket.

Saying that their insured has not contacted them is pure and total BS. If that were the case no one would ever report an accident. Threatening them with litigation hits them in a weak spot.

As a footnote, if you file a suit against any insured person, and make sure the insurance company is aware of the lawsuit, the ins. co. is on the hook for the costs of defense and paying any judgment you might receive. even if the insured has crawled into a hole and pulled it in on top of himself. The costs of defense (paying the lawyers) is real money out of their pocket. When they pay a claim to an insured claimant it's not real money because the companies swap out claims against each other's insureds.

^^^^^ THIS WORKS, AND WON'T COST YOU YOUR DEDUCTIBLE. COMMERCIAL AUTO ACCOUNTS ARE NOTORIOUS FOR STALLING. ESPECIALLY USAA.

 

[CSA]

^^^^^ THIS WORKS, AND WON'T COST YOU YOUR DEDUCTIBLE. COMMERCIAL AUTO ACCOUNTS ARE NOTORIOUS FOR STALLING. ESPECIALLY USAA.

Yep seems like they are. My insurance will never hear about it

 

[Klif]

A word about USAA. I retired from the Air Force as an enlisted man (MSgt) in 1992. The entire time I was on active duty USAA would only insure officers, no enlisted personnel allowed. I developed quite a dislike for them over that. After I retired they started letting enlisted people join. I joined but never used their services. Recently I asked for a quote on two vehicles that I have and their quote for basic coverage was $600 a year higher than the current quote from Allstate. I took one look at them and will never go back to their site.