Expert: Richard Hixenbaugh - 4/20/2010

Question
Forty-eight days ago, I was involved in an auto accident in which I was struck by a vehicle that ran a red light.  At the time of the accident, the other driver tried to insist that she had a green light and I was the one who ran a red light.  The officer who came to file the report said he would have to check the traffic cameras in order to sort out our conflicting stories.  I went ahead and reported the accident to my insurance and let them know that I'd have to wait to provide proof that the other driver did indeed run a red light.  

About a week later, I get a call from the investigating officer saying that he had checked the cameras at the intersection and they clearly showed the other driver running the red light.  The other driver was then issued multiple citations for causing the accident and these were noted on the police report, which was posted online.  

After speaking with my insurance, I decided to file the claim with her insurance company rather than do it through mine and have to initially pay $1000.  When I called her insurance company, they sounded as if she hadn't even notified them of the accident yet.

Anyway, three weeks ago her insurance arranged for me to get an estimate on the damage.  Since then, I have been unable to make contact with the insurance employee who set me up with the estimate.  I've left him several polite voicemails and he doesn't return my calls.  I have spoken with other employees of her insurance company and they tell me that they haven't been able to make contact with their driver and that it is their policy not to approve a claim until they get a statement from their driver.  

I'm not at all surprised that she is not answering her phone, being that she is an 18 year-old who ran a red light and totaled her grandmother's car. (Not to mentioned that her passengers fled the scene and she was hostile and verbally aggressive towards the police when they tried to ask who her passengers were and why they ran, which is all noted in the police report.)

So my questions are these:  Can her insurance drag this out indefinitely and just never approve the claim as long as she continues to not answer her phone?  And do I have any grounds for any type of lawsuit based on the inconveniences associated with not having a vehicle for a month and a half?  (The accident was in KS but the other driver and I are both residents of MO.)

Thank you for your time.

Answer
Hi Mike,

It is typical that an insurance company would want to allow their insured an opportunity to tell their side of the story before paying a claim. However, if the insurance company has received a copy of the police report that indicates that the traffic camera clearly shows their insured was at fault, then they must pay the claim.

You should get the name of a claims manager at the insurance company to elevate your claim. You should verify if they have received a copy of the police report and tell them that the law requires them to pay the claim when liability becomes clear. If te police report shows their driver was at fault then theymust pay the claim. If they still refuse you would have to file suit against the at-fault driver and th owner of the vehicle.

I hope this helps
Richard Hixenbaugh