At-fault doesn't have to report accident!

[JohnW]

I was shocked when told by the Florida Highway Patrol that the at-fault driver doesn't need to contact their insurance company. Everything I've read says they do. I notified my insurance company (USAA) the same day of the accident. They informed me of the at-fault drivers insurance company (Geico) so I called them, too. Both insurance companies have been totally indifferent towards me being stranded without a car now for 10 days. I don't have collision as it's not available on a 21 year old speciality car. I've gotten my totaled car out of the towing yard myself since it seems the at-fault driver isn't going to contact their insurance company. What are my options?

 

[adjusterjack]

I was shocked when told by the Florida Highway Patrol that the at-fault driver doesn't need to contact their insurance company. Everything I've read says they do.

The officer is correct in that there is no law that requires reporting to one's insurance company.

You are correct in that auto policies have a requirement that the insured report the accident to the claims department promptly. However, an insured can choose not to and risk the consequences but that is between him and his insurance company.

If you want to make a claim against another driver's insurance company, you call that company and make the claim.

Both insurance companies have been totally indifferent towards me being stranded without a car now for 10 days. I don't have collision

That's why your insurance company is indifferent to you. You didn't buy collision coverage so your company has no contractual obligation to help you with the damage to your car.

As for the other insurance company, it has a contractual due to its insured to investigate and pay or defend as appropriate.

I don't have collision as it's not available on a 21 year old speciality car.

Sure it is. There are plenty of insurance companies that will provide collision coverage on a specialty car. What kind of car is it?

it seems the at-fault driver isn't going to contact their insurance company. What are my options?

You said the driver's insurance is indifferent to you. What have you done so far? Have you called his claims department? Gotten a claim number and an adjuster's phone number? Have you followed up every couple of days to see what's happening? Have you obtained a copy of the police report? Provided a copy to the driver's insurance company?

 

[JohnW]

I'm new at this not having an accident for 47 years.

I've made a claim with the at-fault's insurance company and have a claim number.
I've provided a witness to their insurance in my claim. I have plenty of pictures.
My car was a 1999 Corvette w/ 86k miles and just all fixed up. I've all receipts.
I haven't gotten an adjuster's phone number because it's not been suggested to me.
I've followed up every few days finding that the policy holder can't be reached.
The police report was just released yesterday and will obtain a copy tonight.
I will provide a copy of the police report to the driver's insurance company ASAP.


I've since been reading up where it may be better for a lawyer to handle this claim citing knowledge, speed, and satisfaction. It's been suggested to ask 60-75% more than the actual loss.

 

[fed up]

I've since been reading up where it may be better for a lawyer to handle this claim citing knowledge, speed, and satisfaction. It's been suggested to ask 60-75% more than the actual loss.

An attorney is going to take approximately 30% of any settlement. If the other company settles as per the coverage in the policy the attorney is going to take 30% of that. So, if the car is totaled and priced at 15K, you will get 10K. If the damage has not totaled the car and you get 9K to repair it, you will wind up with 6K. Submit the police report to GEICO along with a repair estimate. Keep all receipts for a rental car, towing, storage, etc. and submit copies of them. GEICO might try to assess some portion of the fault on u
you such as 20% your fault because you happened to be in the intersection when the other vehicle hit you. File a suit against the other driver for the damages, that usually get attention and action.

 

[adjusterjack]

My car was a 1999 Corvette w/ 86k miles and just all fixed up. I've all receipts.

I have a 1996 Dodge Viper with 18000 miles on it that I have insured including comprehensive and collision. There are several insurance programs that may insure your car that way. All specialize in collector and special interest cars: J.C.Taylor, Hagerty, American Collectors, Grundy, Condon & Skelly. I don't remember which but at least one of them will insure for regular use though the rates are much lower if you have a primary vehicle for regular use and limit the use of the Corvette. They all have websites so you can check them out online.

I haven't gotten an adjuster's phone number because it's not been suggested to me.

I suggest it now.

I've followed up every few days finding that the policy holder can't be reached.

Then you might have to sue the driver to wake him up. Unfortunately, Florida's small claims limit is $8000. My local Craigslist suggests that a low mileage 1999 Corvette averages $10k to $12k.

I've since been reading up where it may be better for a lawyer to handle this claim citing knowledge, speed, and satisfaction. It's been suggested to ask 60-75% more than the actual loss.

For property damage, never gonna happen. You'll only be entitled to the repair cost or actual cash value, whichever is less, subject to the total loss formula in your state.

Unless you were also filing an injury claim, you're going to have to pay a lawyer an hourly rate that you won't get back. I doubt that you'll find any lawyer that will work on contingency for just property damage.

 

[Allen Trent]

I'm new at this not having an accident for 47 years.

I've made a claim with the at-fault's insurance company and have a claim number.
I've provided a witness to their insurance in my claim. I have plenty of pictures.
My car was a 1999 Corvette w/ 86k miles and just all fixed up. I've all receipts.
I haven't gotten an adjuster's phone number because it's not been suggested to me.
I've followed up every few days finding that the policy holder can't be reached.
The police report was just released yesterday and will obtain a copy tonight.
I will provide a copy of the police report to the driver's insurance company ASAP.


I've since been reading up where it may be better for a lawyer to handle this claim citing knowledge, speed, and satisfaction. It's been suggested to ask 60-75% more than the actual loss.

generally speaking, you have no right to file a claim on someone elses policy. only the insured can normally choose whether they wish for their insurance company to cover a claim or defend. on some small claim amounts, the insured may choose to pay the claim out of pocket & not involve their insurance company.

 

[JohnW]

It's a start as the at-fault policy holder just now contacted their insurance which just contacted me for initial estimate.

I read where I need one official estimate from a qualified repair shop. It's status has not been determined (totaled or not).

How do you get a qualified estimate on a car that is inoperable?

 

[adjusterjack]

How do you get a qualified estimate on a car that is inoperable?

One way is to tell the adjuster that the car is inoperable and ask that a field adjuster be sent out to write up the estimate.

Another is to ask the adjuster to authorize the towing cost to get the car to a nearby shop.

Or see if you can find a shop that will send an estimator to your house. Might have to pay a small fee for that.

Where is the car now?

 

[JohnW]

I got the car out of the tow yard and it's back at my home.

 

[whatyouwantfinally]

I have a 1996 Dodge Viper with 18000 miles on it that I have insured including comprehensive and collision.

Welp, day is lost. Now destined to dream about owning a 96 Viper for the next 5 hours, minimum.