Insurance Claim Question - Hit and Run -then caught and charged

[birchy]

So a few weeks back I got a phone call from my wife that she was just rear-ended by a guy, and then when she pulled over to exchange information the guy just drove away! Fortunately, she wasn't hurt and there wasn't too much damage, so she was able to jump back in the van call 9-1-1, and then catch up with the guy and get his license plate #. She then drove home and waited for the police to arrive.
Officer shows up and takes her statement, then she goes back to her cruiser and found all the information about the guy from his license plate. Turns out he lives 2 blocks away from us. So the officer drives over to his place and gets his insurance info and writes him a ticket, then comes back and gives us the information.

My wife contacted our insurance company and started a claim. She was told that we could do one of two things: 1. Go and get the damage fixed, pay for it ourselves, and then we'd be reimbursed once it went through insurance, or 2. Wait for this guy to make a statement to his insurance company, and then once that all goes through, go and get the damage fixed on his insurance companies dime. BUT, "he has up to one year".

Is this normal? I'm waiting for our insurance agent to call me back as we speak, but i'm wondering why we have to wait for this guy to make a statement. He rear-ended my wife, and then left the scene, and was subsequently found and charged by the police within ~1 hour. Is the fact that he was charged not enough to prove fault? Or is it something else that we're waiting for... doesn't make much sense to me.

[w_man]

Hmm - I'm no insurance guru but I was under the impression that your insurance company paid for your damages regardless of fault and then figured out who's 'at fault' later.

Perhaps it depends on the type of coverage you have as well but I was never given any options when we were rear-ended. Insurance simply asked us to go get it appraised and then fixed. I later got a confirmation from my insurance via mail that I wasn't at-fault for this accident.

I was with Meloche

[Tik-Tok]

Originally posted by w_man
Hmm - I'm no insurance guru but I was under the impression that your insurance company paid for your damages regardless of fault and then figured out who's 'at fault' later.

I was with Meloche

If you have collision you can do this. If not you have to wait for the other guys insurance company to pay up.

[birchy]

We have full coverage. I don't know what the problem is.. my wife was dealing with it to this point, but I finally got irritated enough that I decided to call myself. Still waiting for a call back. Maybe it's a deductible they're looking for..

[clem24]

CTV did a spot showing how badly behind collision shops are. They're still fixing hail damaged vehicles. Then there's the backlog of cars involved in accidents during the snow/cold snap. Something like 1,400 collisions (and I presume at least double that as I'll assume 2 cars per collision), which is way up from a similar cold snap we had in December 09 (and "only" 1,100 collisions).

So anyways, either way, I think you'd be waiting till spring to have anything fixed.

[Machi]

Originally posted by clem24
CTV did a spot showing how badly behind collision shops are. They're still fixing hail damaged vehicles. Then there's the backlog of cars involved in accidents during the snow/cold snap. Something like 1,400 collisions (and I presume at least double that as I'll assume 2 cars per collision), which is way up from a similar cold snap we had in December 09 (and "only" 1,100 collisions).

So anyways, either way, I think you'd be waiting till spring to have anything fixed.

A co-worker of mine was involved in an accident during that first snowfall and insurance says it won't get into a shop until February!

[birchy]

Yikes. Well, I remembered that my cousin was an insurance agent for quite a few years, so I called her and got some clarification.

Basically, my insurance company should have advised us to call the guilty party's insurance company and start a claim with them. If they give us a hard time, then I ask my insurance company to deal with them. I was worried that since we already opened a claim with our company that it would be too late, but she said that I can still call and open a claim with their insurance. So we'll give that a try on Monday.

[tom_9109]

OP, it sounds like to do not carry collision. As such your insurance company won't help you fix your car. You will have to deal exclusively with the other drivers insurance company.

I cannot remember off hand right now if the limit is 1 year or 2 years to bring court action (sue) against the other party if you need to. In any case keep on his insurance company and if necessary get a lawyer to get the ball rolling.

Once he talks to his insurance company they will likely accept responsibility and you won't have an issue. Good luck.

[tom_9109]

Clarify something. Do you have collision?? If you do just use your insurance company and stop worrying about it.

[birchy]

We have collision yes, but our insurance company wants us to pay the deductible if we get our repairs done immediately. Our budget is too tight for this, and I don't see any reason why we should have to pay any money at all out of our pockets when the other party is clearly at fault.

[kwjent]

The other party will have to found at fault first in order for no deductible to be in place. Your insurance company is correct as you would have to pay the deductible and then your insurance company under subrogation will seek compensation for the damages.

Summary: If you want you car fixed then you have to pay your deductiable otherwise you have to either go after his insurance comopany personally or a loss adjuster from you company will go after them. This will take time.........

[Masked Bandit]

Your company asking you to pay your deductible in this case is not uncommon. It's not that they don't believe you or anything it's just that until the other guy's insurance company officially accepts liability (and they won't do that until they talk to their client) there is no way for your company to guarantee that the other guy's company will pay.

Who are you insured with (actual company, don't care about the brokerage)? I ask because there is at least one company out there that will in fact "take your word for it" as to what happened.

[birchy]

Wawanesa

[tom_9109]

I guess you have the choice, fix it now and pay the deductible. Or wait. There's really nothing else to do.

[guessboi]

^ +1...

if you fix it now = pay the deductible since there is no way for your company to guarantee that the other guy's company will pay (note admitting fault by the other company may take some time)

[01RedDX]

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[Rusted Bumper]

Right now it hasn't been confirmed as a hit & run, or a normal collision. It depends on if his insurance company is able to contact him, get statement, line up vehicles for damages, etc. It could take a few days, could take months.

But I really don't understand your insurance company saying pay out of pocket, then maybe reimburse, or deal direct with his insurance. Your adjuster is being lazy.

If you do carry collision, your insurance should be helping you with the damages. You may have to pay the deductible first. And if you have a claims free discount, you may lose that. But otherwise it is up to your insurance company to deal with the guy and his insurance. If it's ever confirmed to be his fault down the road, your insurance should be giving you back your deductible.

But if you are able to go through his insurance, you never have to worry about a deductible, as well as any claims free discount.

So your choices are to work with your insurance, which includes telling them to deal with the other party, send a demand letter to the other insurance company, etc. You will most likely get your car fixed faster, but you will most likely have your deductible with no guarantee it will be paid back.

OR, go to the other insurance company and try to work with them. It could take a long time to get any results if at all. And then if there are no results there, you would just go back to your insurance before the first year is up. Otherwise you will have more issues and will need to take legal steps towards him and his insurance in the 1 to 2 year time period since the collision.