Last Friday my car was rear-ended on the highway. I am just kind of shaken up, not badly injured, thankfully. My car sustained damage to the bumper and fender but is drivable. An SUV slammed into a smaller car sending the smaller car into me. The smaller car drove off (the police said it was likely the driver wasn't licensed or insured or may have been drunk and didn't want the police speaking to him even though he wasn't at fault.
I called 911 and the police, fire, etc all responded. The SUV driver was ticketed at the scene and the police took a complete report. I did not receive any ticket or anything and the police said I was completely innocent of any wrongdoing.
Of course I called my insurance and have already had my car in for an estimate. The adjuster called and took a long statement from me. The SUV driver's insurance company also contacted me and asked if they may call the body shop and get a copy of the estimate, and asked me things like had I been drinking or texting (no), and things like that.
Well, it's now Wednesday evening. The SUV driver's insurance company called me to say that other than the initial report of the incident (which was just to the 800 number, indicating there had been an accident, but of course no details or adjuster's report or interview), they have not been able to locate their client, the SUV driver. They have called him several times a day with no answer, and he has not called them back. They said they cannot establish liability without first speaking to their client. I guess I understand that, since it could have been a friend of his driving, or someone calling in a false claim or something.
But what does this mean? You just can't not talk to your insurance company after you've caused an accident and been cited, right? Is there some kind of time limit? Has anyone had any experience like this? Any suggestions?
The police report should show both the vehicle owner AND the driver of the vehicle. Talk to your insurance agent and let them deal with the other company (it's what you pay them for).
I would report the accident to your insurance company. They will get the police report and contact the other drivers insurance. You should not be talking to anyone except your own insurance and the police.
Since the SUV hit the other car he is at fault so his insurance should be paying for the damage. They will most likely ask you to get two estimates for the damage and send you a check.
Something similar happened to me last November...... the other car was at fault, they stayed at the scene, fortunately, the police also said he was at fault. I got a copy of the police report and called their insurance..... their client never did call them, nor did they respond!
Fortunately, I had taken pictures of the accident with my cell phone, and hubby came up and took pictures, also. I e-mailed those pictures to their insurance company.
For 2 weeks (or more), they kept saying that they couldn't reach a decision (even with the police report) unless they talked to their client. Finally, one phone agent said that it was clear their client was at fault, and they would send someone out to do the estimate, and a week later I got my check.
Keep calling the insurance company... don't give up!
I just went through this last month, except I was at fault. I rear-ended the guy in front of me who rear-ended the guy in front of him--but he hit the guy in front first. I didn't see brake lights and rear-ended him. So anyway - the first vehicle had no damage and left before I could get myself and my daughter out of car.
The insurance company had to take as many statements as possible to establish liability. It ends up that the guy in the middle (without ins.) all of a sudden had damage to both front and back bumpers. The ins. company ruled out the front bumper being my fault through all of the statements, and paid for his back bumper damages (which must have showed up later). But whatever, it takes all kinds.
Is the insurance company holding up repairs on your car in the meantime? I would call your insurance company, and ask them what is going on and how long it will take. They are your advocate.
I would also assume the SUV driver will have to deal with the insurance agency, and possibly loose coverage if they don't cooperate? Maybe they can be fined for not cooperating in an accident investigation? I don't know, but I would call your ins. company, and ask.
I would also make sure you don't have any medical issues AT ALL. I felt fine at the crash, and even for a day or so. Then, I got a horrible headache that didn't go away. At first I thought it was stress over needing to replace my car. I finally went to a chiropractor a week after and that has made a HUGE difference. Finally headache free for most days. Good luck. It is NO fun dealing with this stress.
The problem with multiple car rear end collisions is it doesn't by proxy fall on the driver in the rear unless his speed was excessive for the conditions. Of course that may have been what he was ticketed for, you didn't say.
Most likely what the insurance company is trying to sort out is was the car that drove off responsible for your damage. He has to be far enough away from you to keep from hitting you if rear ended, which obviously he wasn't. But was he far enough away that had he not been hit with excessive force he would not have hit you, clear as mud?
There is a chance the driver that left the scene is responsible for your damage, just be prepared for that.
I was rear ended a couple months ago and I didn't just call I filed through my insurance company. That way I get my car fixed right away and they deal with the other companies. To me that is why I pay for it, ya know?
Let your insurance agent to take care of this. They are used to dealing with things like this. If you feel you are being ignored you can always contact an attorney about filing for damages and injuries such as soreness and stress from being hit behind.
Our insurance agent is wonderful. She got our insurance to pay for may damages and when they collected from the other insurance they took their part and I got the rest.
That happened to me too. Driving along on the freeway and some other car changed lanes trying to get in behind me, but she clipped my back bumper. We both pulled over and exchanged information. I contacted her insurance company to file the claim and they called me back 2 days later and said the same thing - can't get a hold of our client so we can't pay the claim. They said they had 60 days to accept or reject the claim. I just went through my insurance and let them fight it out with the other person's insurance. Their insurance company was AAA. What insurance did your driver have? I'm just wondering if this is AAA's SOP.
Different states may have different rules, but if I were in your situation, I would do the following:
- Call my insurance agent and see if he/she can pursue it for me. Or at least give me information about how to proceed.
- See about getting a copy of the police report. If they took a full report, they would have the SUV driver's info on the police report. That should be enough proof for the SUV driver's insurance company that their client was actually driving.
- File an accident report with the DMV, if required. In California, one is required to file an accident report if the cost to repair exceeds a certain amount. In the report, you put the other driver's information. All parties are required to fill out the accident report. If they don't and the DMV finds out, the other parties may have their driver licenses revoked. So, in the worst case, if the insurance company cannot locate their client, maybe a threaten license revocation will get him to come forward.
Good luck.
It happens and they usually find the person. The whole accident was the suv's fault so the fact that the other car left isn't too big of a deal, just sucks not to have another witness, and too bad they will have to pay for their own damages, etc. use your coverage to get your car fixed, replace carseats, and get checked out by a doctor and chiropractor. Physical damage can take a while to be evident, or people often think it will just get better with time. Not the case. Better safe than sorry! You want to take care of it now while it's covered and obviously related to the accident, not later when that's harder to prove. Yes you'll have to pay your deductible for the car to get fixed, but you will get it back when the liability is accepted, which should be soon hopefully! This is why everyone needs full coverage, we can't rely on other people to have insurance. In the end, your underinsured motorist coverage will settle with you and repay you if the other insurance never comes through.
Just have to wait. It's the process.
Glad you're ok. Hang in there :)
Actually, I was one like the SUV driver (hard to get ahold of). I got frustrated with my insurance company because I submitted the claim, told them what happened, advised them that it was entirely my fault (backed out of a parking spot into a truck that I just plain did not see) and the other driver couldn't have done anything to prevent it. When I'd call the adjuster, he wouldn't be available...they tend to be swamped with claims and on the phone or out a lot. I also wasn't available a lot (work, single mother, issues going on at daycare, etc). I wouldn't worry too much about it yet...the claim was probably reported on Friday, and the adjuster may not have received it until late Friday or Monday. So, he's probably been trying to connect with the guy since sometime on Monday.
