Please Help the Z is hurt!

specZ

Very simple question to which here is your very simple answer. you have two options based on the info you provided:

a)you continue waiting for farmers to clear liability and pay your damages (property,injuries,rental,etc)
OR
b)you utilize your coverages(collision,rental reimbursement,etc) to start repairs on your vehicle and your carrier will send farmers the bill(subrogation)
The only drawback here is your deductible will apply until farmers pays the bill and you are reimbursed.
Hope you werent injured and good luck with your car.

gsxr750

This is simple, Insurance companies will often try this and here is how they are dealt with.

1. File small claims court case, where the other driver lives, naming him and his insurance company as defendents in the case.
2. Get the highest estimate you can, you only need 1 for court evidence.
3. Put together evidence package , estimates, police reports, letters from all parties involved, medical report etc..
4. File small court claim yourself, no lawyer needed, just go to a court clerks office where the other driver lives and the court clerk will tell you exactly what to do usually $15-$30 cost.
5. If you get the car repaired before court date you will need to submit repair shops bill, along with any other damages, rental car, time off work etc.

When you win the case you submit a copy of the judgement to drivers insurance company and they are forced to pay up if he has insurance thru them and any remainder will be paid by the driver in the form of a judgement.
In your case his company will be forced to pay up the full amount.

Two - other avenues are to submit the claim against your own company, this will go against you though for your record.

Other is to file a complaint against the drivers insurance company with your states insurance commision and also with your states attorney generals office.

sonic370

from my experience you should never even have to talk to or inform you agent you were even in a wreck.. the other drivers carrier should be saying things to you like go pick out a shop and get your car fixed and get a rental while your at it. the guys insurance company is full of it...............

BeemaaZ

Do this ^^^
Ask Farmers why? If Farmers is not going to cover because when the accident happened their coverage lapse (canceled), your Uninsured Motorist coverage will kick in to pay your $500 deductible. Assuming you have that coverage. Good luck and keep us posted

__________________
SoCal 40th Meet
Old & New Mods
** Steering Lock RECALL**
Own 40th 370Z? Get the build # and the Manuf. date here

HandnPantz

Thanks everyone for your opinions and assistance. I have full coverage for those wondering. Also there was not any bodily injury to me or the other driver and it was definitely his fault (As stated in the Police report). I would pay to get my Z fixed and wait until I get paid back but the deductible is simply to much right now, so I believe I will tell his insurance to pay it. If they continue giving me the run around I will take them to small claims. After the dust settles and the Z is rebuilt bye bye ditsy blonde Progressive. The blackguy from All-State looks trust worthy...

specZ

you know when youre in good hands + rep

gsxr750

Most insurance companies will try and screw over both their own customers and anyone that files a claim against them.

With most insurance claims, the insurance adjusters # 1 job is to deny a claim, not to pay out on one.

One issue could be is that the other driver is trying to pin the blame on you with his company.

Note his company is obligated to provide for you in writing why they are denying your claim.

You should also call up his insurance company tell them you intend to file a claim with your state's insurance commission and your state attorney generals office, as to there bussiness practices in your state, make sure you speak to claims manager and not a simple customer service rep.

Make sure you also use the small claims court action, its simple and the fastest way to resolve the whole situation.

I was forced to use small claims court in order to collect on a damage claim, from a contractors trailer caused damage to my vehicle and it happended in right after 911 and it turned out the contractors bussiness was insured by one of the major insurance companies that insured the World Trade Center. Insurance company ran out of money fast.

Accident happended around 10/1/2001, filed case in court 10/15/2001, court case date around 11/1/2011, case, won case, money paid by 12/01/2001

MattP725

In some policies you specifically agree to not sue other insurance companies (helps keep costs down across the board)... you may want to look into that before you even consider small claims. It might be easier to sue the individual themselves..

gsxr750

Nothing is stopping from sueing the other drivers insurance company, as you signed nothing with them. Anyway getting a judgement in court against the insured, legally requires the company to pay up, once a legal decision is handed down.

dirtrat

Did you find out WHY Farmers won't cover the damage? I would get specifics from them before anything else. Maybe they are getting one side of the story or don't have all the facts.

Kenny

Time to lawyer up.

__________________

HandnPantz

A little update. I receive another voicemail from my insurance stating that I need to contact them so I can cover my damages as the other driver insurance (Farmers) would not.
I immediately called the other drivers insurance company (Farmers). They stated they are still undecided as they have yet to speak with their driver. I asked the Farmers rep how long until their driver concedes liability. She stated 30 days. I continued to pursue answers stating it had been over 40. The agent then gave me her direct line and stated she would try and contact their driver once more then return my phone call. SHE NEVER CALLED ME.......

Can anyone explain to me why my insurance company appears to have no back bone and is willing to concede defeat?

BeemaaZ

If I were you, pay your deductible and let your insurance co. do the leg work. That's what you pay them for.
If you are not at fault, you will get your deductible back thru subrogation as mentioned earlier.

__________________
SoCal 40th Meet
Old & New Mods
** Steering Lock RECALL**
Own 40th 370Z? Get the build # and the Manuf. date here

DR_

What state do you live in? If it is a no fault state then each insured claims on their own policy. No Fault Insurance Explained: Understanding No Fault Auto Insurance Laws

2011_6Spd

I'm with this. The only thing you should be out of pocket is your deductible and that is until your insurance company fights to get that from the other insurance company. They have to make a reasonable attempt to get that money back on your behalf. If they can't get it done, then you can give it a try. Either way Progressive should be taking care of you and getting your car fixed. You may need to talk to your Agent's supervisor to get things moving. Be firm and stand your ground. They may be taking advantage of you because of your age. I'm really interested in this as I also have Progressive, thankfully haven't used them for any claims though.

__________________
2011 Brilliant Silver 6spd w/sport pkg
2008 Silver CBR600RR