Advice with accident claim

[SS_Matt]

My wife was hit last week by another woman on her way to work. Basically the other lady tried getting in the turn lane my wife was already in and her drivers side bumper rubbed our car and put a nice indention on it.
No injuries, but the lady was not fessing up to it being her fault. She didn't deny it, but wouldn't acknowledge it either. She'd just say "well she came out of nowhere" "she was driving kinda fast" etc.

Long story short- we filed a claim with her insurance. They've called and left messages for her but she hasn't returned the call.
I talked to the claims adjuster today and she said she hasn't heard from her, and basically if the policy holder doesn't cooperate they send her a letter basically threatening to cancel her policy. However, I don't get my car fixed until she replies and fesses up it was her fault (tells the same story we gave) or I have to file a claim with my insurance (not gonna happen).

At what point should we try making contact with the person who hit us, or should we avoid it all together? At what point should we get an attorney to call her?

This happened last week on Thursday. I know it's soon to expect a resolution, but in case this lady doesn't call them back- I want some advice on what to do. We've never been in an accident so we're both a little clueless on how to handle it.

The lady was a total butthead... She didn't want to stick around much to talk about what happened because her dog had an appointment with the vet. Cops wouldn't come out either because both cars were drivable and there were no injuries. Even though I asked them to come take our statements. They said they don't do that anymore. WTF?


Anyway- tips?

[DITCHDIGGER]

You need to contact your insurance company. You pay them to represent you. They can make all the necessary contacts for you. They have lawyers and the people who can pursue a claim against this lady. The lady's insurance company will do whatever it takes not to pay for your car. You can't just sit and wait. If she never contacts them they won't do anything about your car. Again thats what you pay insurance premiums for. Your insurance company will fix your car and then either write it off or go after her insurance. Did you get any witnesses who can vouch for you? I hope this gets resolved for you in a timely manner and doesn't end up costing you anything.

[MARINE1991]

Originally Posted by DITCHDIGGER

You need to contact your insurance company. You pay them to represent you. They can make all the necessary contacts for you. They have lawyers and the people who can pursue a claim against this lady. The lady's insurance company will do whatever it takes not to pay for your car. You can't just sit and wait. If she never contacts them they won't do anything about your car. Again thats what you pay insurance premiums for. Your insurance company will fix your car and then either write it off or go after her insurance. Did you get any witnesses who can vouch for you? I hope this gets resolved for you in a timely manner and doesn't end up costing you anything.

Agree let your insurance deal with them, if there fault you do not pay anything..

[colemanvoice]

If the police are called for a fender bender in my town, and I was told this by one of the cops, someone is getting a ticket. That's the policy. In other words, someone's getting paid, in my words.

The woman not admitting to anything and not wanting to stick around sounds about right to me. She's just doing what she was tought, I'm sure. I was tought not to admit to anything. In some cases, both parties may be to blaim, or it just really wasn't that persons fault, they just didn't realize it. So, you don't want to come out and say anything like that. If she stuck around, she would just be giving you more ammo for your case. She may be taking her time because she is trying to do the best for hereself that she can, getting other peoples advise, etc. I don't know that I have advise for you, but I don't think you need to worry, yet. Just keep in touch with her insurance, would be my thought.

Good luck!

[SS_Matt]

Thanks. Unfortunately no witnesses. Since it was more of a car "rub" than a collision it is very possible everyone around didn't even know anything happened.

I contacted my agent and he told me to file a claim with the other lady's insurance. I don't know if he's been in touch with Travelers at all but I'm thinking not. I'm only hesitant to reach them because I don't want our premium to go up because some dumb lady probably talking to her dog in the back seat hit my wife. Not. Our. Fault.

Still think I should call my insurance? Oh and my mistake- this happened last Wednesday not Thursday, not that it changes much.

[DITCHDIGGER]

When I got in a wreck about 15 years ago after a lady made a left turn in front of me, my insurance told me the same thing about just filing a claim with her insurance. Thats what I did but I had a good witness who made my case a slam dunk even though the lady lied and said she had a green arrow. If there were no witnesses and it was just me fighting with her insurance company, I would just let my insurance company handle it. Did they tell you that your policy premiums would go up if you made a claim?

[colemanvoice]

The last time I had to deal with something like this, I was very fortuante. Not my fault, someone backed into me. They had USAA. I made a claim with them. They had me get an estimate, maybe a few don't remember, but paid right up. As others have pointed out, other insurance companies like to play games.

[DITCHDIGGER]

Originally Posted by colemanvoice

The woman not admitting to anything and not wanting to stick around sounds about right to me. She's just doing what she was tought, I'm sure. I was tought not to admit to anything. In some cases, both parties may be to blaim, or it just really wasn't that persons fault, they just didn't realize it. So, you don't want to come out and say anything like that. If she stuck around, she would just be giving you more ammo for your case. She may be taking her time because she is trying to do the best for hereself that she can, getting other peoples advise, etc. I don't know that I have advise for you, but I don't think you need to worry, yet. Just keep in touch with her insurance, would be my thought.

Good luck!

I agree with this. I am going to bet that this lady is going to lie to her insurance company and tell them it was your wife's fault. Then its your word against hers. You need your insurance company in this instance. This really sucks for you guys. I hope you come out on top of all this.

[dudemangod]

Just call your own insurance company pay your ded and let them deal with it. They may or may not be able to get your ded back from them.

It's not worth the trouble just call your own insurance.

[SS_Matt]

Originally Posted by colemanvoice

If the police are called for a fender bender in my town, and I was told this by one of the cops, someone is getting a ticket. That's the policy. In other words, someone's getting paid, in my words.

The woman not admitting to anything and not wanting to stick around sounds about right to me. She's just doing what she was tought, I'm sure. I was tought not to admit to anything. In some cases, both parties may be to blaim, or it just really wasn't that persons fault, they just didn't realize it. So, you don't want to come out and say anything like that. If she stuck around, she would just be giving you more ammo for your case. She may be taking her time because she is trying to do the best for hereself that she can, getting other peoples advise, etc. I don't know that I have advise for you, but I don't think you need to worry, yet. Just keep in touch with her insurance, would be my thought.

Good luck!

Who teaches you this stuff?
When I was taught about driving I was taught how to avoid accidents not how to avoid responsibility after causing an accident.

I do think it was a mistake the police not coming and taking our statements. And if this doesn't end well for us I'll probably file a complaint (like that'll matter) against the local police dept. If they had what she said down on paper there would be no question she was the one who caused the accident. But since she left, no statements were taken, etc- she has plenty of time to think up whatever story she wants.

[BowtieBelle]

I work for a personal injury lawyer and deal almost exclusively in car accidents... which means I'm always handling stuff like this.

Call your insurance.

[colemanvoice]

Originally Posted by SS_Matt

Who teaches you this stuff?

Lawyers, who else.

[SS_Matt]

Originally Posted by dudemangod

Just call your own insurance company pay your ded and let them deal with it. They may or may not be able to get your ded back from them.

It's not worth the trouble just call your own insurance.

Our deductible is $1000. The repair, I'm guessing, won't be much higher than that. I don't want to file a claim, pay the deductible, and hope they can fight for me.

[DITCHDIGGER]

Man its too bad you don't have a witness. Ever since my witness saved my a$$, I always stop and give my name when I witness an accident. No matter now minor it may be. It sounds to me like this lady is going to hose you.