Car Accident: should I call the other car insurance company?
Thank you everyone for the replies. This was my first accident and it was very scary! My head was jerked forward and then hit the headrest really hard. They took me to the hospital in am ambulance and the doctor said I don't have any serious injuries, but I will be sore and I should have my family monitor me. In fact I have started to get kind of sore. And to be honest I am not a car expert so you're right, I'm not the one to say it is beyond repair. But it is an old car so probably it will cost them more to repair than to total it. And I haven't gotten the police report yet. I did not talk to the insurance company about renting a car but that would be nice. I haven't called the other insurance company yet because it's late, but I will give it a try.
Deposition, or insurance company trick?
You are being asked to give a "Statement under oath" (SUO) and they aren't fun. It is required under the terms of your policy. As a claim adjuster, I've watched a lot of them over the years. Your policy requires you to give the SUO if you don't they won't pay your claim. The insurance company must have reason to suspect that your theft and fire are not legit. Since the economy tanked lots of people are trying to get out of expensive car loans by faking thefts. In 2009 our small claims office had five faked auto theft claims. On each of them the people were behind in their car payments or house payments. The statement under oath can be a pretty intense deal. The insurance company lawyer will grill both you and your wife. I would suggest bringing two things ......... a lawyer and a box of tissues. In most cases if your claim is legit you will get paid after the SUO. If it's not legit the insurance attorney will bring out info from you or your wife that will prove the companies suspicions. Of the SUO's that I have witnessed most people who faked their claim decide to drop the claim instead of facing fraud charges. The people with legit claims tough it out and get their money. The best advice I can give you is if your claim is legit and you had nothing to do with it then talk to a lawyer. If the claim is not legit you need to consider dropping it before things get worse and possibly involve fraud charges. However from what I have seen, fraud charges aren't really a big deal. I have never seen anybody who got charged with insurance fraud get any jail time.
Can an insurance company settle a portion of a case where liability likely exceeds policy limits?
Liability policies of almost all stripes will state their duty to defend ends when their limit of liability coverage is exhausted through payments of judgements or settlements. Exceptions include some Professional Liability Policies that require an insured to consent to settle (sometimes called a "hammer clause")[1] Therefore, with most types of Personal and Business Liability policies, if an insured carries $100,000 of coverage and the suit appears to be headed for a judgement of $1,000,000, the insurance company may settle their limit liability and conclude their responsibility without the insured's consent.Here are some excerpts from standard ISO Sample policies:AUTO POLICY (Liability Coverage Part):[2] Reads: "Our duty to settle or defend ends when our limit of liability for this coverage has been exhausted by payment of judgement or settlements."HOMEOWNERS POLICY (Liability Coverage Part - Section II)[3] Reads: "We may investigate and settle any claim or suit that we decide is appropriate. Our duty to settle or defend ends when our limit of liability for the "occurrence" has been exhausted by payment of a judgment or settlement"BUSINESSOWNERS POLICY (Liability Coverage Part)[4] Reads: "Our right and duty to defend end when we have used up the applicable Limit of Insurance in the payment of judgments or settlements or medical expenses."This unfortunate circumstance underscores why it is important to carry the highest limits of liability coverage that you can reasonably afford. The higher the limits of liability carried, the better legal representation one can expect.As Cliff Gilley and Craig Anderson point out in their posts, it would be in any "insured's" best interest to seek their own independent counsel as soon as they learn or sense that the case may settle for more than their limit of insurance provides. In practice, most insurance company legal representatives will notify the insured at the point they expect this may happen and encourage them to seek individual representation.Great Question. Best Regards.Footnotes[1] consent to settlement clause[2] https://www.independentagent.com...[3] http://www.iii.org/sites/default...[4] http://www.propertyinsurancecove...
My insurance company wants me to take a lie detection test after a fire. Should I refuse?
Did they actually say that they want you to take a polygraph test? Or did they refer to a “recorded statement” or a “statement under oath”. The latter two are customary.I have never heard of an insurance company asking for a polygraph test, although I suppose it’s possible. Or was it the police that said they wanted it? Is there something questionable about the fire or claim?You can retain an attorney to represent you either on an hourly fee basis for the investigation, or on a contingency fee basis for handling the whole claim. Expect the contingency fee to be between 25%-40% of the gross claim settlement. His expenses must also be paid.
Can you make an auto insurance claim without a police report?
I just got into a minor accident a few hours ago. I accidentally bumped into the guy in front of me. I seen the damage to his car and it was just a crack on the rear bumper. No damage has been done to my car besides a bent license plate. Then he claims that I scratched him spoiler too. I said I would pay $500 for the damage but he wanted $2000 from me. I said I don't have that kind of money and he when ahead and called the police. Officers came a few minutes later and assessed the damage but they didn't file a police report. They had us make an agreement and he accepted my $500 offer. Since I didn't have cash on me, I said I need to make a trip to the bank. Both the other car and the officers follow but mid-way the officers stopped following because the bank is in a different police district. When we arrived to the bank, he refused my offer and wanted $2000 to pay for the damage. Then we just exchanged insurance information. I only wrote down the insurance policy number, model of the car, year it was made, his address and whom is insured to (his parents and not him). However since I forgot my cell phone today at home, I could only do so much. He took pictures of my insurance card, driver's license, license plate number, the damage to his car and took down my number saying that we will "talk" it out. Like him the car I was driving is only insured to my parents. I am only 20 years old, this is my first car accident and I have no idea what to do next. I told my parents about the indecent and they said that he cannot file an insurance claim without a police report but I see differ from the answers I fought online. Please help me!
Has anyone been harassed by an insurance company after an accident that was the other person's fault?
I was hit by a car who was hit by a car behind him. The person in the last car accepted responsibility. Now her insurance company is harassing me. they wanted to see the damage to the car and I said I would meet them the next day after I went to the doctor. the guy showed up at my house wanting to see the car! My husband said...she is at the Doctor because she has a terrible headache. I missed 2 days of work and got 2 prescriptions. It was not a major incident, but it has disrupted my work and home life. I had to take the car to the body shop. After the car was taken car of, their bodily injury guy keeps calling and harassing me that he wants to meet in person because "that's the way we do things" I said....you can talk to me on the phone, you can send me mail or you can send me email. I'm not meeting with you. Now he wants to come to my house. When I refused, he got an attitude and said....MOST people find our methods more convenient. I said..I do not. Then he said....so your car only X dollars of damage and you are claiming you were hurt in the accident? Since when is there a correlation betweent he cost of auto parts and paint labor and a whiplash headache??? I'm just wondering if anyone else has felt harassed in such a way by an insurance company.
What would happen if, when the insurance company calls on a recorded line, you refuse to discuss an auto accident claim against your policy (not driver, car owner)?
ALL insurance policies, not just auto, require you to cooperate & assist the company in settling the claim. If they happen to call at a bad time, you can schedule another time or get the adjuster’s phone number and call him/her back.Otherwise you have to give them their requested recorded description of the what happened. If you refuse, they then have the option of either not paying the claim at all (due to YOUR lack of cooperation) or pay less for the damage, assuming that you had a previous unrepaired damage. And if you were not guilty of the accident & refused to give them a statement, they could cancel you for not helping them to NOT PAY the other party. A violation of the CONTRACT.
Minor car accident with a borrowed car and insurance companies want my statement?
Yes, you need to give statements to both insurance companies. It's hard for me to understand from your description what actually happened. When you make your statement try to avoid using words like "I hit" or " I bumped into". Just say "we hit". If you are found to be at fault then your friends insurance will pay for the other guys damage. That is what liability coverage does. But it will not pay for damage to her car. For that she would need collision coverage.