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Auto Insurance Claims/MY CAR WAS HIT WHILE PARKED
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Question
I have been waiting way too long for a settlement, about 10 months to be exact and still waiting for the check to come in the mail. So, in September of 2008, my car was hit and totaled while it was parked beside a curb. A police report was filed. Two other cars were involved with one being the car at fault. I have liability and so does the other car. The claims adjuster said that we have to split the money. Well, that's fine but how long am I supposed to wait for the check to come? An appraiser also came to check the car but that was 6 months ago and the car is just there on the driveway. I am so frustrated. I gave up on calling the adjuster because all he would ever say is that the insurance agent of the other not at fault driver has not given the subrogation demand... and it has been 10 months. And even when I call the insurance agent she would say that there was something she needs from the adjuster. I honestly don't buy what they say...I don't know who is lying and who is telling the truth. I don't know what to do...should I wait longer? Should I pretend to sue the at fault driver so that he may haggle the adjuster into giving my money? Will I ever see any money? Please help me. Thanks.
Hello,
Depending on state law and the amount of money you are attempting to recieve, I wouldn't pretend to sue anyone. I would sue in small claims court. The total amount you can recover is from $2,000 to $5,000. The total cost to you is minimal.
If the amount is more, you may have to pay an attorney to go after the at fault driver.
All this from the at fault driver's insurance company is not your problem. The driver is liable, simple as that! When it comes to claim, payment the standard procedure is to delay, delay, delay. For every day you are not paid, they are making money on the interest.
Don't even screw around with the insurance company. The at fault driver is responsible for that.
Good Luck!
Rob
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Answers by Expert:
Rob Painter, Ase, CFEI, CAFATE
Expertise
Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.
Experience
Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.
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