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Discussion Starter #1
So a jerk in a Sierra Denali decided to come over to my lane as I was accelerating onto the freeway on ramp and hit the front side of my truck. The Sheriff deputy gave him a ticket for unsafe lane change and I got off with no issues.

Here's the problem: The guy is not responding to his insurance carrier's phone calls or letters to get "his side of the story". My insurance company tells me that if he doesn't respond within 30 days the claim will be denied by his insurance company and I will have to file for uninsured motorist coverage with MY insurance company to get the repairs fixed. This is per most insurance companies policies that if a person is non responsive, then the claim is automatically denied.

So how do I get him to respond or is it possible to sue the guy for the damage and injuries? I'm a bit pissed off at how this scumbag is getting around the system and not owning up to his mistakes. Worst part was that this bro had his wife and 3 kids in the car when he swerved over and hit me.

What are my options and are there any attorneys that would be willing to sue this guy?
 

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On a property damage only crash, I doubt there would be any attorney willing to take the case since there isn't enough money to make it worthwhile.. There has to be injuries in the crash before attorneys get interested.
Your collision coverage and uninsured motorist coverage will cover your damage. Your insurance company will continue to attempt to receive compensation for it's losses from the other drivers insurance company.
Any attempt by you to contact the other driver will probably be met with hostility.
I wouldn't wait 30 days, get your damaged truck fixed now through a claim with your insurance..less your deductible. In some cases, insurance might waive the deductible.
Nope, I'm not an attorney but I have investigated hundreds of crashes.
 
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Use your own Insurance Company. Go through them.

Every State is different so don't rely on anything you learn in here. I'm in Florida which might be totally different than your State but if it was here, I'd turn it in to my own Company and let them worry about it. It's why you pay them.

In fact, I'm going through it right now.

In my State, UM (uninsured motorist) only covers Bodily Injury. Period.

Your 'collision' coverage should apply here.

But, again, every State is different.

Call your Claims Department.

Now
 

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your ins will cover it. just let them chase the other driver. i went through this a year or so ago.
a guy side swiped me, and didn't have any ins. my ins covered it, then went after the other
driver. ended up getting a $700 check, on top of my repairs.
 

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Similar thing happened to me. Rear ended in my ‘17. Other company said they wouldn’t process claim until they had proof other party was involved. Other party was not answering calls.

So I emailed their insurance company a picture of their policy holders (driver who hit me) drivers license, a photo of their insurance card, a photo of the driver standing next their vehicle crying, etc.

Needless to say it was processed that day and the case was closed. How could they argue against facts!
 

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What nickooless said sounds very plausible. What the OP said, does not.
Of course the insurance company who's being asked to pay out money will require proof that their client was, first, involved and second, at fault. You appear to have that proof, as the police report will show the other party receiving a citation.

Think about it. If you are at fault and just don't answer your phone for a month, you're off the hook with you insurance company? Nope.

Now if it was more subjective or ambiguous. Guy hits you in a parking lot, cops say not getting involved and its your word against theirs, then you have an uphill battle that I wouldn't trust only your ins co to handle for you.
Back in the day people usta not wait for someone else to stick up for them. Now, most think that everything is automated and because the cop wrote the other guy a ticket, the autobody fairies are going to sneak into your garage at night, fix your truck and you'll have to do nothing but sleep peacefully.
If I got hit, my first call would be to that person's insurance company to report that their client was involved in an at fault accident and that I was the other party. Next call would be an email forwarding them the police report. 3rd call would be When can I meet YOUR adjuster and pay up!
 

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I think the OP concern with using HIS insurance, is his rates may go up. As it's a claim on his, not the other guys.

I wonder if this would affect your rates, as you have proof that it was the other guys fault.

But, as others have said, I'd just move through your insurance and get it fixed.

Out of curiosity, what insurances are involved?

Also, everyone should have a dash camera. I call my insurance about every year to see if they offer a discount for a dash cam. ( like, if you have an alarm they give a small discount).

Would you say if you had a camera, it would have helped? Obviously, every accident is different, maybe a front mounted camera wouldn't have caught anything. I'm just wondering if in your case if you think it would have helped.



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I think the OP concern with using HIS insurance, is his rates may go up. As it's a claim on his, not the other guys.

I wonder if this would affect your rates, as you have proof that it was the other guys fault.

But, as others have said, I'd just move through your insurance and get it fixed.

Out of curiosity, what insurances are involved?

Also, everyone should have a dash camera. I call my insurance about every year to see if they offer a discount for a dash cam. ( like, if you have an alarm they give a small discount).

Would you say if you had a camera, it would have helped? Obviously, every accident is different, maybe a front mounted camera wouldn't have caught anything. I'm just wondering if in your case if you think it would have helped.



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Besides a dash cam, take as many photos as you can with your phone camera. Take pics from every angle including photos of the drivers, occupants, passengers, cars, plates, drivers licenses and insurance cards. Police won't take any photos on a PDO crash. Some departments won't even respond to take a report on a PDO crash....especially if it is on private property.
 

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Discussion Starter #10
I think the OP concern with using HIS insurance, is his rates may go up. As it's a claim on his, not the other guys.

I wonder if this would affect your rates, as you have proof that it was the other guys fault.

But, as others have said, I'd just move through your insurance and get it fixed.

Out of curiosity, what insurances are involved?

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I have Progressive and the other guy had Geico. I should have known something was wrong when he wouldn't give me his insurance card but thankfully, the wife e-mailed it to me. The police report is not ready yet but I plan to upload that to the Geico claims site.

Maybe an insurance agent can chime in on what Progressive told me that if this guy doesn't respond to Geico, the claim will be denied by Geico and I'll have to collect from Progressive instead.
 

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I have Progressive and the other guy had Geico. I should have known something was wrong when he wouldn't give me his insurance card but thankfully, the wife e-mailed it to me. The police report is not ready yet but I plan to upload that to the Geico claims site.

Maybe an insurance agent can chime in on what Progressive told me that if this guy doesn't respond to Geico, the claim will be denied by Geico and I'll have to collect from Progressive instead.
Just deal with Progressive, you are their customer and you pay them premiums to make you whole after a crash. It really doesn't matter if Geico can't get their customer to cooperate, Geico will settle with Progressive for the damages Progressive paid to you.
I suspect Geico will cancel the policy of their insured. I would also assume Geico won't discuss this matter with you since you are not their customer. Only speak to Progressive claims..never make a statement to the other insurance company.
As far as your premiums going up, I cant answer that. Depends on your policy and claims you made in the past. Ask Progressive if your premium will be increasing.
 

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Sounds fishy to me. So if he does not respond his insurance company is off the hook. I would hope the police took down his insurance information. But your insurance company has lawyers to deal with all that. They can cover it and sue the at fault drives insurance company or at fault driver to recover their loss. They usually do, that have piles of lawyers to handle just these cases.
 

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As others have said. You pay your insurance company. Let them handle it.

Every claim I’ve ever filed (not many) one of the first questions is would you like to work directly with the other party’s insurance or work through us (my company). My answer is always to work through my own company.

It’s always worked out fine. Let the companies fight it out. No reason for you to assume the stress associated with this. Get your truck fixed and move on with life.

Good luck.
 

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I think the OP concern with using HIS insurance, is his rates may go up. As it's a claim on his, not the other guys.

I wonder if this would affect your rates, as you have proof that it was the other guys fault.

But, as others have said, I'd just move through your insurance and get it fixed.

Out of curiosity, what insurances are involved?

Also, everyone should have a dash camera. I call my insurance about every year to see if they offer a discount for a dash cam. ( like, if you have an alarm they give a small discount).

Would you say if you had a camera, it would have helped? Obviously, every accident is different, maybe a front mounted camera wouldn't have caught anything. I'm just wondering if in your case if you think it would have helped.



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No matter if the OP uses his or the other insurance company. It just doesn't matter. At all. Not a bit.

Not even a little bit. His insurance will know about the incident regardless.

If there is a rate increase to be made because of the incident, Underwriting makes that decision, not Claims.

And even a NF (non fault) accident counts as an 'incident'. A NF accident shouldn't be a surcharge, but they can take away some discounts sometimes. A rather back-handed way of upcharging you.

I'd use my own insurance company. Always turn a claim into your own insurance company.

Always, always, always, always, always.

Just my opinion.
 

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While not an attorney, was an adjuster. That said, I'd never involve my insurance company in order to force a subrogation until there's no other option. No-fault may be a "no other option".
You need local legal advice.
Good luck!

Sent from my SM-G965U using Tapatalk
 

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While not an attorney, was an adjuster. That said, I'd never involve my insurance company in order to force a subrogation until there's no other option. No-fault may be a "no other option".
You need local legal advice.
Good luck!

Sent from my SM-G965U using Tapatalk
That is absolutely terrible advice.

I was an Agent and Agency Owner for over 20 years. If I heard you give that advice to one of my customers, I'd go after your job.

And get it.
 

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I'd add one thing to the first reply. If he is the scum bag you suspect, suing may get you a judgment but don't expect him to pay quickly. You'll have to file it against some titled asset (most likely real estate or his vehicle) at the court house and the lean will show up, and you'll get a settlement offer when he tries to sell the asset. Like the first response says you're better off leaving the recovery attempt to your insurance. Also, I'm not an attorney, have experience in such matters, but things differ from state to state and I have no experience in Texas.
 

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That is absolutely terrible advice.



I was an Agent and Agency Owner for over 20 years. If I heard you give that advice to one of my customers, I'd go after your job.



And get it.
Well. I was an adjuster and an adjuster owner for 60 years and you can't fire me.
Have a great day.

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The way it works here in NJ.
Everything gets claimed on your own policy regardless.

Your insurance pays out then they go after the other insurance company.


Same with homeowners insurance.
Had a tree fall on neighbors fence. reported it to my insurance company and they said don't worry about it. The other homeowner has to make the claim with their own insurance company and if my insurance company thinks the amount is fair they will reimburse them for the pay out.
 
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