Auto Insurance Claims/who will pay

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Expert: - 4/30/2010


Question
My question is about me being rear ended when I was sitting at a stoplight. There was a car in front of me I hit them due to the force of the impact, a cop came to the scene he did not take a report. The guy the hit me claims that he was also hit but no one else seen anyone drive off or turn around. The main guys ins company contacted me and the guy I hit, well he is saying this is going to take a week or so to figure out cause there was no police report made. I went and got an EST. of my car and it was 3400$ and my car is only worth 2800$ so will the Ins. company total it out and cut me a check?

Answer
These types of cases are difficult to investigate because people often disagree as to the order of impacts.  The insurer for the guy who hit you will check to see if he has any rear damage to support his story.  If yes, and he seems credible, they will deny your claim, placing all blame on the "phantom" vehicle.  If they do not believe him, they will pay your claim.

If they deny your claim, then your insurance company should cover your damages under Uninsured Motorist coverage.  Make sure you have reported the accident to your insurer.  

It sounds as though your vehicle is a total loss.  You will be paid the acutal cash value, which is the amount it would have sold on the open market before the collision.  

Auto Insurance Claims

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Claims Guy

Expertise

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Experience

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators

Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.

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