Expert: Richard Hixenbaugh - 8/31/2009

Question
My car was recently struck by another vehicle in a parking lot in NJ, sustaining minor damage. I was not in my car at the time, but the driver was courteous enough to flag down a police officer and supply him with his insurance information and a police report was filed detailing the circumstances of the accident. I filed a third-party claim through the other drivers' policy and received an estimate from their body shop for $600, however the company tells me that they need to speak with their insured about the incident before they will pay for the damages. They are telling me their voice mails and letters to the other driver are going unanswered. I sent the insurer a copy of the police report, however they continue to insist that they need to speak with the other driver as well. I am wondering if it's truly necessary for them to contact the other party when the circumstances of the accident are already spelled out in the police report. Is there any recourse I can take if the company refuses to settle the claim?

Answer
Hi Stephen,

The insurance comapny has 30 days to complete their investigation. Most insurance companies will not pay a claim unless they speak the their insured. However, if the 30 days passes and there is enough information to determine liability, they will usually pay the claim.  In your case, if the police report indicates that it was the other driver that flagged him down to write the report there should be no issues. If the insurance company still gives you a problem after 30 days and with the police report showing that their insured was obviously at fault, then you should file a complaint with your state insurance commissioners office.

I hope this helps
Richard Hixenbaugh