My car was hit about a month ago and I’m still strugling with the company. I was not at fault and my claim was denied because the company can’t get in contact with the policy holder (obviously doesn’t want to take responsiblity). I think it’s a bunch of bull—. Is this possible?

 

  • tonalc1 1:27 pm on February 9, 2010

    They don’t speak directly with the policyholder, they talk with the policyholder’s insurance company.

    It’s their responsibility to pay you, and to work it out themselves with the other insurance company.

    Contact the Insurance Commissioner’s office. They have a lot of clout.

  • alfonso r 1:27 pm on February 9, 2010

    Everything is possible!! And an Inssurance refuse to pay? that’s their game. Call the Insurance Comissioner. look it in the phone book!! Good luck!!!

  • 90 civic 1:27 pm on February 9, 2010

    I don’t think so, call a lawyer.

  • miu miu 1:27 pm on February 9, 2010

    have you called a lawyer yet?

  • someoneoutthere 1:27 pm on February 9, 2010

    I would call a lawyer and just ask them, maybe you will have a case. They make it hard on you so you will just give up.

  • mei-lin 1:27 pm on February 9, 2010

    did you have uninsured motorist coverage BI/PD or collision coverage? Should be covered by one of them if you did regardless of fault.

  • Avery E 1:27 pm on February 9, 2010

    I was just in an accident a couple of weeks ago, and had the same problem. The other parties insurance company has to do two things; come in contact with the plicy holder in order to insure that this really happened, and if they can’t do that they have to wait for a police report. Legally, they have 30 days until they have to do anything if they can’t get ahold of their policy holder, even if they get a police report. Good Luck

  • kmday1130 1:27 pm on February 9, 2010

    Get an attorney and see how fast the insurance copmany gets on your case.

  • Chris 1:27 pm on February 9, 2010

    Sounds like they denied or disclaimed coverage, not that they denied liability. The policy contract they have with their insured requires that he report claims and assist and cooperate with the investigation. If he fails to do so, violating his contract, then they can possibly disclaim coverage, which makes him uninsured. Check into whether you can make an uninsured motorist claim with your own insurance company.

    If they are denying liability because they can’t reach him, then you should probably go up the chain of command to the supervisor, etc and then maybe to the state insurance commissioner. Is there other independent proof (not just your word) that there was a) an accident b) their insured was involved and c) he was at fault? If they have that, then maybe they can make a decision without talking to their insured, however that is not likely. Insurance companies have to get this info from their insured to handle the claim. Try those suggestions in my answer and see where it goes from there.

    By the way, they don’t have 30 days to make a decision. They have to continue to make efforts to resolve this, but if they can’t at the 30 day mark they just have to inform everyone as to why there is a delay and what is needed. This could go on for a long time. Of course, the coverage disclaimer (if that’s what they did) pretty much ends their obligation to keep trying.

  • CowboyBill 1:27 pm on February 9, 2010

    Yes…happens all the time. The other person probably let their insurance lapse and has just moved away. This is standard procedure for insurance companies when the policy holder is unavailable for statement. Who knows? This person could have DIED for all you know. Why don’t you let YOUR company handle this mess? They will pay under your collision coverage and subrogate the other company.
    PS — only a desperate scum-bag lawyer would ever take this one on and he/she will only take your money.

  • Pieandchips 1:27 pm on February 9, 2010

    The other person’s insurance wants to verify the facts of the accident with their insured before paying out on a claim. Think of it in reverse…would you want your insurance to pay for an an accident someone "said" you caused? True enough, he’s probably just being evasive. Did you file a police report and were there any independent (you don’t know them), witnesses to support what happened? File it through your insurance if you have collision, and have them go after the other party direct.

  • Spork 1:27 pm on February 9, 2010

    There are a couple of possibilities.

    1. The policy holder really does not have a policy with the insurance company. In that case, there is not coverage.

    2. The insurance company has a duty to find out the facts of loss. They normally want to talk to their policy holder to do this (though they could do it with a police report if there is one).

    3. The claims rep does not know what to do and is under poor supervision.

    I would call the company, ask to talk to the general manager at the claims office where your claim is being handled. Ask them to tell you in as much detail as possible what is going on. If you don’t get a satisfactory response you could:

    1. File a claim with your state’s commissioner of insurance. This normally will get the insurance company off its ass (or at least will get you a definitive explanation of what is going on).

    2. File a "bad faith" lawsuit. Winning these are rare, but insurance companies are required to settle claims in good faith.

    Good luck to you.