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  1. #1
    Join Date
    Mar 2007
    Posts
    12

    Default At Fault Driver's Insurance Company is Not Responding to My Claim

    State of Texas:

    Was rear ended about two months ago with this lady who initially seemed very nice and respectful. I did not call the police as it was only my bumper that was damaged. She stated that she didn't want to go through her insurance. I sent her 6 estimates all from small mom-and-pop body shops to one (Service King) national chain. I called her 4 or 5 times but would never call me back. I decided to leave a voice mail stating that if I didn't hear from her that I would go through her insurance company (The General). I called her back 30 minutes later and she responded, saying that she gets paid on Friday and that her deductible was $1000 (which was basically a decoy, as deductible wouldn't apply if I only claimed it). Friday came around and she never called and I called General Insurance to file a claim.

    After few weeks past the adjuster tells me that the car she was driving was just added to their policy and that he needed to get a bill of sale to see who had a coverage when the accident happened but she wasn't answering his calls for bill of sale or responding to any of his questions. I left a voice mail couple times with the adjuster in the last few weeks and he isn't calling me back. Looks like both, the lady who hit me and the insurance company is trying to avoid taking responsibility.

    I was so frustrated that I did some simple background check on the driver and I found that they have been in several civil cases of not paying rent (until summoned to court), not paying cell-phone bills, toll road violations and others. It seems the driver wants me to basically take her to court or myself to to file with my insurance company.

    My questions are:
    1. What are the statue of limitations? Such as dates.
    2. Would it be better for me to file a civil case against her or go through my insurance company. My bumper isn't falling off, however, one side is very lose.

    Thanks for any advice.....

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: At Fault Driver's Insurance Company is Not Responding to My Claim

    You have two years to file a lawsuit. It's up to you if you want to let your insurer handle it or pursue it yourself. If you have the means, just get your car fixed and pursue them for reimbursement. They don't need to have a say in what shop you use as long as you have proof the charges were reasonable (multiple estimates will work).

    You're likely to find that she wasn't in fact insured which is why you are getting stonewalled.

  3. #3
    Join Date
    Jun 2013
    Posts
    551

    Default Re: At Fault Driver's Insurance Company is Not Responding to My Claim

    Quote Quoting eds1300
    View Post
    My questions are:
    1. What are the statue of limitations? Such as dates.
    2. Would it be better for me to file a civil case against her or go through my insurance company. My bumper isn't falling off, however, one side is very lose.

    Thanks for any advice.....
    1.) Two years

    2.) Contact your insurance company, this is what you pay them for. If you pursue a civil case then you will have to collect on your own. She hasn't paid you yet, there is a good chance she wont be too quick to pay you after the judgement.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: At Fault Driver's Insurance Company is Not Responding to My Claim

    The bumpers usually just pop on and off now from the sides. Someone hit my car in a lot a few months ago and I found it more convenient to pop the bumper back on and wipe off their white paint with scratch remover. If there is actually damage needing repaired, you apparently need to sue them in court at this point. Without a police report, it may come down to what you say vs what they say happened. Once you get a judgment, collecting can be difficult also.

  5. #5
    Join Date
    Mar 2007
    Posts
    12

    Default Re: At Fault Driver's Insurance Company is Not Responding to My Claim

    flyingorn: She was insured for another vehicle, but she didn't add the car that hit me to her policy after she got a call from her insurance adjuster.

    brownj12: From what I have researched of her and her husband, they have history of not paying their debt until summoned to court. Their eviction notices were paid a day before the court date and so was her cell phone bill ($1200).

    Disagreeable: Actually the bumper has significant crack and every body shop that I went to stated that the bumper panel needs to be replaced. Few pieces of plastic caps that hold the side part of the bumper is missing so I tied a string around it to hold in place.

    I appreciate the advice. I will most likely file with my insurance ($250 deductible) and let them take her to court.

  6. #6
    Join Date
    Jun 2013
    Posts
    551

    Default Re: At Fault Driver's Insurance Company is Not Responding to My Claim

    Quote Quoting eds1300
    View Post
    brownj12: From what I have researched of her and her husband, they have history of not paying their debt until summoned to court. Their eviction notices were paid a day before the court date and so was her cell phone bill ($1200).

    I appreciate the advice. I will most likely file with my insurance ($250 deductible) and let them take her to court.
    If you know this about her and feel that she will pay if facing a trip to court then it really comes down to what is worth more to you, your $250 deductible, or the time it will take to take her to court.

  7. #7
    Join Date
    Mar 2007
    Posts
    12

    Default Re: At Fault Driver's Insurance Company is Not Responding to My Claim

    brownj12: She and husband had 3 other rental evictions also, but it didn't show if they paid them, and with other civil cases such as toll violations which they did pay due to nature of law in Texas where with outstanding toll road violations you can't register your vehicle, but others (personal civil cases) I wasn't able to get if they ever paid them.

  8. #8
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: At Fault Driver's Insurance Company is Not Responding to My Claim

    Yes, it did sound that way. Some insurers will cover you for new purchases up to your existing policy limits for ten days or such provided you notify them. Obviously the General suspects she bought the car well before the ten day window.

  9. #9
    Join Date
    Jan 2014
    Posts
    118

    Default Re: At Fault Driver's Insurance Company is Not Responding to My Claim

    How can you justify accusing General Insurance of being irresponsible when you don't know if they have any contractual responsibility?

    Furthermore, they would have no legal obligation to you under any circumstances!

    You ask for dates? Your lawsuit must be filed within two (2) years from the date of the accident. (See: Section 16.003, Title 2, Subtitle B - Chapter 16- Subchapter A Texas Practice and Remedies Code)

  10. #10
    Join Date
    Mar 2007
    Posts
    12

    Default Re: At Fault Driver's Insurance Company is Not Responding to My Claim

    >>How can you justify accusing General Insurance of being irresponsible when you don't know if they have any contractual responsibility? <<

    You tell me, unless your comprehension of "Looks like both, the lady who hit me and the insurance company is trying to avoid taking responsibility" is accusatory based on some ill logic. I do, however, thank you for your courtesy of responding to this post on this forum, which I may add is a forum.

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