Accident, at fault driver won't talk to insurance, 3 states/jurisdictions
#1
Accident, at fault driver won't talk to insurance, 3 states/jurisdictions
On 10/01, someone changed lanes into my car while in a traffic circle (damaged her front passenger fender and bumper, damaged my front driver door to the rear quarter panel and knocked the rear bumper loose). We exchange information and are on our way. Now in hindsight, I have no idea why i didn't call the police for a police report
Anyways, I filed a claim with the other driver's insurance (Maryland Automotive Insurance Fund), which happens to be a state-run insurance company for people with many at-fault accidents or tickets in a short period of time who can't get insurance from a regular insurance company. Its been 12 days now (well, 7 full business days for MAIF since they are only open like 9 to 5 M-F). MAIF came out and did an estimate on the damage on my car, but they are saying that they are unable to contact their insured driver and won't pay anything until they get her statement. Also, I noticed an Uber decal in her window, but she did not have any decals at the time.
Now for the fun part:
-I live in Virginia/car registered in Virginia
-Other party (supposedly) lives in Maryland/car registered in Maryland
-Accident occurred in Washington, DC
I have Geico and they said I can either go through MAIF directly, or I can go through Geico, pay my deductible ($750) and rental car fees out of pocket (I don't have rental car coverage). Several body shops in my area quoted 2 to 3 weeks for repairs, so at the low end, that's $1100 out of pocket and waiting around to see if Geico can get me reimbursed.
This is my first "real" accident claim -- All my past damage to my cars have been hit and runs in parking lots. Anyone have any tips on how to go forward? On one hand, I really want my car repaired ASAP, on the other hand, I don't want to "spend" $1100 and hope to get reimbursed at some point.
Anyways, I filed a claim with the other driver's insurance (Maryland Automotive Insurance Fund), which happens to be a state-run insurance company for people with many at-fault accidents or tickets in a short period of time who can't get insurance from a regular insurance company. Its been 12 days now (well, 7 full business days for MAIF since they are only open like 9 to 5 M-F). MAIF came out and did an estimate on the damage on my car, but they are saying that they are unable to contact their insured driver and won't pay anything until they get her statement. Also, I noticed an Uber decal in her window, but she did not have any decals at the time.
Now for the fun part:
-I live in Virginia/car registered in Virginia
-Other party (supposedly) lives in Maryland/car registered in Maryland
-Accident occurred in Washington, DC
I have Geico and they said I can either go through MAIF directly, or I can go through Geico, pay my deductible ($750) and rental car fees out of pocket (I don't have rental car coverage). Several body shops in my area quoted 2 to 3 weeks for repairs, so at the low end, that's $1100 out of pocket and waiting around to see if Geico can get me reimbursed.
This is my first "real" accident claim -- All my past damage to my cars have been hit and runs in parking lots. Anyone have any tips on how to go forward? On one hand, I really want my car repaired ASAP, on the other hand, I don't want to "spend" $1100 and hope to get reimbursed at some point.
#2
first of all, glad you're okay. ( you are okay, right?)
2nd; we pay insurance a monthly or yearly fee for this very reason. use them.
make the call and file a claim.
or you can even use an app on your phone to file a claim, that way, you dont have to speak to any one.
Have your Insurance GO after their insurance.
They'll have more weight in the game to ask and get you exactly what you want and need.
I advise you to add a rental car service before you claim, or else you will be stuck without a car
2nd; we pay insurance a monthly or yearly fee for this very reason. use them.
make the call and file a claim.
or you can even use an app on your phone to file a claim, that way, you dont have to speak to any one.
Have your Insurance GO after their insurance.
They'll have more weight in the game to ask and get you exactly what you want and need.
I advise you to add a rental car service before you claim, or else you will be stuck without a car
#5
One issue that you may want to consider is that the at-fault driver's story will probably be far different from your story.
What exactly do you mean by "Also, I noticed an Uber decal in her window, but she did not have any decals at the time." Did you mean to say that she didn't have any riders in her car at the time? I can't imagine that Uber would accept a driver with MAIF coverage.
Ask MAIF what happens if she doesn't answer and what happens if the repairs exceed the estimate. You haven't shared the estimate but that is unimportant - the actual repair costs will far exceed the estimate. The estimate is an attempt to get you to take the money and run - far cheaper for the insurance company to throw a few bucks your way than it is to actually repair the car.
If you don't get satisfactory answers to those questions then go with your insurance company - but - ask them these questions:
What happens if MAIF doesn't respond?
How long will it take for me to get my deductible back?
Then ask the body shop what the actual time for repair will be. Their initial estimate could well be "we get the car, we order parts and the car sits in our lot while waiting on parts. We don't actually touch the car until the parts get here. Then the repair will take 2 days" meaning that you could drive your car while they are waiting in the major parts. Often there is a part or two with a long lead time. There may be parts that they need once they start the repair but those should be minor.
Body shops often have deals with Enterprise for longer term rentals - when mine was in the shop they offered me a Chevy sonic for $269 a month.
What exactly do you mean by "Also, I noticed an Uber decal in her window, but she did not have any decals at the time." Did you mean to say that she didn't have any riders in her car at the time? I can't imagine that Uber would accept a driver with MAIF coverage.
Ask MAIF what happens if she doesn't answer and what happens if the repairs exceed the estimate. You haven't shared the estimate but that is unimportant - the actual repair costs will far exceed the estimate. The estimate is an attempt to get you to take the money and run - far cheaper for the insurance company to throw a few bucks your way than it is to actually repair the car.
If you don't get satisfactory answers to those questions then go with your insurance company - but - ask them these questions:
What happens if MAIF doesn't respond?
How long will it take for me to get my deductible back?
Then ask the body shop what the actual time for repair will be. Their initial estimate could well be "we get the car, we order parts and the car sits in our lot while waiting on parts. We don't actually touch the car until the parts get here. Then the repair will take 2 days" meaning that you could drive your car while they are waiting in the major parts. Often there is a part or two with a long lead time. There may be parts that they need once they start the repair but those should be minor.
Body shops often have deals with Enterprise for longer term rentals - when mine was in the shop they offered me a Chevy sonic for $269 a month.
#6
I am not sure about the rules in other states, but I remember when a woman reveresed into my civic 2 years ago at a red light, she gave me her information, but she never spoke with her insurance company. I had a claim through them, but at the same time I had a claim with my insurance company as well. What ended up happening was that they were never able to get hold of the lady, but my insurance pushed for getting my car fixed. So I actually had my car fixed in a week and a half from the time of the accident, and I didn't have to pay a dime cause it was my insurance that took care of the politics with the other insurance company. I ended up with a great looking car, a rental, and it didn't cost me a dime. Hope this helps.
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#8
Yeah, same thing happened to me, someone hit my car and I got their insurance and everything. But their insurance could not get a hold of the driver, so I went through my insurance, also Geico, to go after them, since they will do more than the other insurance company. Accident happened in August, I paid the deductible and got my car fixed in September, and I'm still waiting for the reimbursement. =(
So maybe next time if you're in an accident and it's your fault, don't bother contacting your insurance or answering their calls, then you won't have to worry about your insurance rate going up. =P
So maybe next time if you're in an accident and it's your fault, don't bother contacting your insurance or answering their calls, then you won't have to worry about your insurance rate going up. =P
#9
I am not sure about the rules in other states, but I remember when a woman reveresed into my civic 2 years ago at a red light, she gave me her information, but she never spoke with her insurance company. I had a claim through them, but at the same time I had a claim with my insurance company as well. What ended up happening was that they were never able to get hold of the lady, but my insurance pushed for getting my car fixed. So I actually had my car fixed in a week and a half from the time of the accident, and I didn't have to pay a dime cause it was my insurance that took care of the politics with the other insurance company. I ended up with a great looking car, a rental, and it didn't cost me a dime. Hope this helps.
Yeah, same thing happened to me, someone hit my car and I got their insurance and everything. But their insurance could not get a hold of the driver, so I went through my insurance, also Geico, to go after them, since they will do more than the other insurance company. Accident happened in August, I paid the deductible and got my car fixed in September, and I'm still waiting for the reimbursement. =(
So maybe next time if you're in an accident and it's your fault, don't bother contacting your insurance or answering their calls, then you won't have to worry about your insurance rate going up. =P
So maybe next time if you're in an accident and it's your fault, don't bother contacting your insurance or answering their calls, then you won't have to worry about your insurance rate going up. =P
IF (big if) Geico decides to go after MAIF and if MAIF accepts the blame then you'll get your deductible and rental costs back.
Geico will only go after the other insurance company if they think it is in their best financial interests to do so. They don't really care about your out-of-pocket expenses. The only question for Geico is "is it cheaper for us to pay the claim or is it worth the costs and legal fees to go after the other guys?"
On your side is the fact that you actually contacted the insurance company while the other party did not. While that doesn't even come close to proof of fault, who would not report an accident if it wasn't their fault - but - she can just as easily claim that you ran into her and it doesn't seem like you have any proof otherwise.
In that case, Geico will pay your claim from your "collision" policy and your rates will go up for the claim.
My advice has always been - and will always be - to file your claim with the at-fault insurance company. It is easy to say "that is why you have insurance" but in reality, you have insurance to protect you from catastrophic costs when it is your fault.
A few years ago I was rear ended in my TSX at a traffic light. There was no question that the Mercedes driver was at fault. He admitted it to his insurance company and to the police. Because I had a trip to the ER, I had to file with my insurance company. The other guys paid dim val on my car, the rental and I sold it and bought another. Upon renewal my rates actually went down so it was clear to me that MY insurance company knew I wasn't at fault.
Then I moved to Virginia and the insurance company gave me a new rate that was about half of what I was paying in MD. Great, so let me call USAA and get an even better price from them. Their quote was higher than what I was paying in MD. Why - because I had a reported accident.
Lesson to consider - be careful what you expect your insurance to pay.
Last edited by ceb; 10-14-2015 at 03:23 PM.
#10
When you get into accident you are not guilty of, you have to call police. Or at worst make 2 copies of statements of what happened with both drivers signatures and preferred take a picture of both DL's with that. Take lots of pictures from more than one angle and make sure plates are in shot. Also it's best to have witness who can state what happened. If cop look at situation and it looks like 50/50 fault to him and other driver doesn't admit guild, you are going to have to go with your insurance. I know its hard to comprehend at the time of accident, but thats the best way to go. If you don't get police report or any agreement with other party you can get screwed. Other driver can tell his and your insurance whatever he/she wants.
I hope it will get resolved for you, but you have to be ready for everything. I have been rear-ended by 84 year old grandma who told cops someone else pushed her from back and fleed. Her insurance refused to pay at first so I had to go with my insurance.
If you know you are 100% not guilty and you have proof of that, you can do repairs with your insurance to speed up the process, you will get your deductible back in month or so. Also do not use your insurance recommended shops. You can always bargain with your own repair shop to make some money of your deductible.
I hope it will get resolved for you, but you have to be ready for everything. I have been rear-ended by 84 year old grandma who told cops someone else pushed her from back and fleed. Her insurance refused to pay at first so I had to go with my insurance.
If you know you are 100% not guilty and you have proof of that, you can do repairs with your insurance to speed up the process, you will get your deductible back in month or so. Also do not use your insurance recommended shops. You can always bargain with your own repair shop to make some money of your deductible.
#11
When you get into accident you are not guilty of, you have to call police. Or at worst make 2 copies of statements of what happened with both drivers signatures and preferred take a picture of both DL's with that. Take lots of pictures from more than one angle and make sure plates are in shot. Also it's best to have witness who can state what happened. If cop look at situation and it looks like 50/50 fault to him and other driver doesn't admit guild, you are going to have to go with your insurance. I know its hard to comprehend at the time of accident, but thats the best way to go. If you don't get police report or any agreement with other party you can get screwed. Other driver can tell his and your insurance whatever he/she wants.
.
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tc_sting (10-17-2015)
#12
Yes I forgot to mention that states laws vary, but this guide line apply to many states especially tristate area. I believe if you tell cops someone is injured they will have to come, you can always tell paramedics that dizziness or whatever is gone and you are fine.
#13
Exactly, that was my fault with the last accident that totaled my Civic. The guy seemed very funky, though I couldn't proove that he was just funky because old and confused or because under the influence. Well when I called police, they told me they won't send anyone out because noone was seriously injured. I should have just mentioned that the guy seems to be under the influence cause he coudln't even pick up the phone and talk to the insurance. He ended up getting his son to come out to do all the talking with him. facepalm on my end.
#14
Exactly, that was my fault with the last accident that totaled my Civic. The guy seemed very funky, though I couldn't proove that he was just funky because old and confused or because under the influence. Well when I called police, they told me they won't send anyone out because noone was seriously injured. I should have just mentioned that the guy seems to be under the influence cause he coudln't even pick up the phone and talk to the insurance. He ended up getting his son to come out to do all the talking with him. facepalm on my end.
From your description, he was either under the influence or injured - in either case a call to 911 would have been appropriate. A simple "I'm not injured but while the other guy says he is OK, he is not looking well and I'm afraid he may have a concussion" is appropriate.
Last edited by ceb; 10-16-2015 at 01:06 PM.
#15
I would not recommend saying that you are injured and then become well all of a sudden. You are wasting resources and driving up costs. In addition, you may be using resources that could be needed elsewhere. You could (and should) also be charged.
#16
I am sorry this happened to the OP.
But this is a common situation and highlights what has been said many times.
We carry insurance to cover ourselves, not just the other driver. I would never suggest saving $100 a month on insurance by forgoing the coverage such as comprehensive, collision, car rental, uninsured driver, etc.
I have Geico as well and have been hit twice by other at fault drivers. Both times the other driver was sketchy at best. First time Geico was able to get the other insurance to pay. The 2nd time the other driver simply had phony insurance and that was a bummer. I think the worst part is the adjudication simply takes forever (6 months).
I would strongly suggest always having your insurance (in this case Geico) fix your car and deal with all that noise up front, and then Geico has to go try to reconcile the other driver, not you.
But this is a common situation and highlights what has been said many times.
We carry insurance to cover ourselves, not just the other driver. I would never suggest saving $100 a month on insurance by forgoing the coverage such as comprehensive, collision, car rental, uninsured driver, etc.
I have Geico as well and have been hit twice by other at fault drivers. Both times the other driver was sketchy at best. First time Geico was able to get the other insurance to pay. The 2nd time the other driver simply had phony insurance and that was a bummer. I think the worst part is the adjudication simply takes forever (6 months).
I would strongly suggest always having your insurance (in this case Geico) fix your car and deal with all that noise up front, and then Geico has to go try to reconcile the other driver, not you.
#17
I do not suggest saying someone is injured. If cops show up and no one is, that is a felony and depending on the mood of the cop, that can get real expensive.
#18
^ just them the cop you have u have cut ;p.
But really let your insurance take care of it. If the driver is being stubborn you can always take them into small claims court.
But really let your insurance take care of it. If the driver is being stubborn you can always take them into small claims court.
#19
One issue that you may want to consider is that the at-fault driver's story will probably be far different from your story.
What exactly do you mean by "Also, I noticed an Uber decal in her window, but she did not have any decals at the time." Did you mean to say that she didn't have any riders in her car at the time? I can't imagine that Uber would accept a driver with MAIF coverage.
Ask MAIF what happens if she doesn't answer and what happens if the repairs exceed the estimate. You haven't shared the estimate but that is unimportant - the actual repair costs will far exceed the estimate. The estimate is an attempt to get you to take the money and run - far cheaper for the insurance company to throw a few bucks your way than it is to actually repair the car.
If you don't get satisfactory answers to those questions then go with your insurance company - but - ask them these questions:
What happens if MAIF doesn't respond?
How long will it take for me to get my deductible back?
Then ask the body shop what the actual time for repair will be. Their initial estimate could well be "we get the car, we order parts and the car sits in our lot while waiting on parts. We don't actually touch the car until the parts get here. Then the repair will take 2 days" meaning that you could drive your car while they are waiting in the major parts. Often there is a part or two with a long lead time. There may be parts that they need once they start the repair but those should be minor.
Body shops often have deals with Enterprise for longer term rentals - when mine was in the shop they offered me a Chevy sonic for $269 a month.
What exactly do you mean by "Also, I noticed an Uber decal in her window, but she did not have any decals at the time." Did you mean to say that she didn't have any riders in her car at the time? I can't imagine that Uber would accept a driver with MAIF coverage.
Ask MAIF what happens if she doesn't answer and what happens if the repairs exceed the estimate. You haven't shared the estimate but that is unimportant - the actual repair costs will far exceed the estimate. The estimate is an attempt to get you to take the money and run - far cheaper for the insurance company to throw a few bucks your way than it is to actually repair the car.
If you don't get satisfactory answers to those questions then go with your insurance company - but - ask them these questions:
What happens if MAIF doesn't respond?
How long will it take for me to get my deductible back?
Then ask the body shop what the actual time for repair will be. Their initial estimate could well be "we get the car, we order parts and the car sits in our lot while waiting on parts. We don't actually touch the car until the parts get here. Then the repair will take 2 days" meaning that you could drive your car while they are waiting in the major parts. Often there is a part or two with a long lead time. There may be parts that they need once they start the repair but those should be minor.
Body shops often have deals with Enterprise for longer term rentals - when mine was in the shop they offered me a Chevy sonic for $269 a month.
However, I have been able to contact the other driver -- She was nice (both at the scene and via text messages after) and said that she wasn't able to get a hold of the MAIF adjuster to give her statement and that they've been playing phone tag (MAIF is only open M-F, 9 to 5 or something, and she has a day job, so that's understandable). I'll try to see if they have a "hotline" so that she can call in and give her statement anytime. Worst case scenario, if MAIF doesn't get a hold of her or whatnot, I'm out the $750 + rental, and I can take her to small claims court.
Unfortunately, it'll take 7 to 10 working business days for the repair. That is all labor, and virtually no parts (couple adhesives and clips here and there, parts are under $50 I believe)
I am not sure about the rules in other states, but I remember when a woman reveresed into my civic 2 years ago at a red light, she gave me her information, but she never spoke with her insurance company. I had a claim through them, but at the same time I had a claim with my insurance company as well. What ended up happening was that they were never able to get hold of the lady, but my insurance pushed for getting my car fixed. So I actually had my car fixed in a week and a half from the time of the accident, and I didn't have to pay a dime cause it was my insurance that took care of the politics with the other insurance company. I ended up with a great looking car, a rental, and it didn't cost me a dime. Hope this helps.
Yeah, same thing happened to me, someone hit my car and I got their insurance and everything. But their insurance could not get a hold of the driver, so I went through my insurance, also Geico, to go after them, since they will do more than the other insurance company. Accident happened in August, I paid the deductible and got my car fixed in September, and I'm still waiting for the reimbursement. =(
So maybe next time if you're in an accident and it's your fault, don't bother contacting your insurance or answering their calls, then you won't have to worry about your insurance rate going up. =P
So maybe next time if you're in an accident and it's your fault, don't bother contacting your insurance or answering their calls, then you won't have to worry about your insurance rate going up. =P
So here are the two sides of the story.
IF (big if) Geico decides to go after MAIF and if MAIF accepts the blame then you'll get your deductible and rental costs back.
Geico will only go after the other insurance company if they think it is in their best financial interests to do so. They don't really care about your out-of-pocket expenses. The only question for Geico is "is it cheaper for us to pay the claim or is it worth the costs and legal fees to go after the other guys?"
On your side is the fact that you actually contacted the insurance company while the other party did not. While that doesn't even come close to proof of fault, who would not report an accident if it wasn't their fault - but - she can just as easily claim that you ran into her and it doesn't seem like you have any proof otherwise.
In that case, Geico will pay your claim from your "collision" policy and your rates will go up for the claim.
My advice has always been - and will always be - to file your claim with the at-fault insurance company. It is easy to say "that is why you have insurance" but in reality, you have insurance to protect you from catastrophic costs when it is your fault.
A few years ago I was rear ended in my TSX at a traffic light. There was no question that the Mercedes driver was at fault. He admitted it to his insurance company and to the police. Because I had a trip to the ER, I had to file with my insurance company. The other guys paid dim val on my car, the rental and I sold it and bought another. Upon renewal my rates actually went down so it was clear to me that MY insurance company knew I wasn't at fault.
Then I moved to Virginia and the insurance company gave me a new rate that was about half of what I was paying in MD. Great, so let me call USAA and get an even better price from them. Their quote was higher than what I was paying in MD. Why - because I had a reported accident.
Lesson to consider - be careful what you expect your insurance to pay.
IF (big if) Geico decides to go after MAIF and if MAIF accepts the blame then you'll get your deductible and rental costs back.
Geico will only go after the other insurance company if they think it is in their best financial interests to do so. They don't really care about your out-of-pocket expenses. The only question for Geico is "is it cheaper for us to pay the claim or is it worth the costs and legal fees to go after the other guys?"
On your side is the fact that you actually contacted the insurance company while the other party did not. While that doesn't even come close to proof of fault, who would not report an accident if it wasn't their fault - but - she can just as easily claim that you ran into her and it doesn't seem like you have any proof otherwise.
In that case, Geico will pay your claim from your "collision" policy and your rates will go up for the claim.
My advice has always been - and will always be - to file your claim with the at-fault insurance company. It is easy to say "that is why you have insurance" but in reality, you have insurance to protect you from catastrophic costs when it is your fault.
A few years ago I was rear ended in my TSX at a traffic light. There was no question that the Mercedes driver was at fault. He admitted it to his insurance company and to the police. Because I had a trip to the ER, I had to file with my insurance company. The other guys paid dim val on my car, the rental and I sold it and bought another. Upon renewal my rates actually went down so it was clear to me that MY insurance company knew I wasn't at fault.
Then I moved to Virginia and the insurance company gave me a new rate that was about half of what I was paying in MD. Great, so let me call USAA and get an even better price from them. Their quote was higher than what I was paying in MD. Why - because I had a reported accident.
Lesson to consider - be careful what you expect your insurance to pay.
I am sorry this happened to the OP.
But this is a common situation and highlights what has been said many times.
We carry insurance to cover ourselves, not just the other driver. I would never suggest saving $100 a month on insurance by forgoing the coverage such as comprehensive, collision, car rental, uninsured driver, etc.
I have Geico as well and have been hit twice by other at fault drivers. Both times the other driver was sketchy at best. First time Geico was able to get the other insurance to pay. The 2nd time the other driver simply had phony insurance and that was a bummer. I think the worst part is the adjudication simply takes forever (6 months).
I would strongly suggest always having your insurance (in this case Geico) fix your car and deal with all that noise up front, and then Geico has to go try to reconcile the other driver, not you.
But this is a common situation and highlights what has been said many times.
We carry insurance to cover ourselves, not just the other driver. I would never suggest saving $100 a month on insurance by forgoing the coverage such as comprehensive, collision, car rental, uninsured driver, etc.
I have Geico as well and have been hit twice by other at fault drivers. Both times the other driver was sketchy at best. First time Geico was able to get the other insurance to pay. The 2nd time the other driver simply had phony insurance and that was a bummer. I think the worst part is the adjudication simply takes forever (6 months).
I would strongly suggest always having your insurance (in this case Geico) fix your car and deal with all that noise up front, and then Geico has to go try to reconcile the other driver, not you.
Now if I knew that I would just blow that money, or I wouldn't be able to financially absorb a $1000+ deductible + rental (in addition to other surprises that may arise) at any given time, a lower deductible may be worth it. But every person has their own opinion and views on this, but raising my deductibles and ridding my rental car coverage is something that I personally think will save me money in the long run
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