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#5083 of 5324 Re: waiting for other driver's insurance [qbrozen]
Sep 19, 2012 (10:51 am)
Don't know your residence, but I'd sure shop for a different insurance company. Contact the insurance commissioner with a copy of letter to your company regarding their not granting a refund for the unearned extra premiums. Insurance companies grant refunds to their commercial vehicle insureds all the time. You are due the refund & it is obtainable.
#5084 of 5324 Re: waiting for other driver's insurance [euphonium]
Sep 19, 2012 (11:38 am)
Well, this was now about 11-12 years ago. And, unfortunately, it is the best insurance company in NJ.
#5085 of 5324 This happens all the time, sadly...
Sep 19, 2012 (11:41 am)
"When the AF driver fails to communicate with his company, that does NOT prevent you from making the claim. His lack of cooperation does not control your progess to indemnification. Ignore him for now and advise the adjuster you expect your car to be repaired and they are to provide a rental vehicle until the repair is completed."
Yes, you can file and open a claim with his insurance company, but they have a duty to check with their insured (the guy who hit you in the rear) and get his side of the story, no matter how obvious it is whose fault it is...sometime, the at-fault driver does not respond to their phone calls, so the claim is stalled until they get in contact with him...another reason why I tell folks to carry rental car insurance so they can get a rental car if they need THEIR insurance to fix the damages (less your deductible) and get a rental car while the at-fault insurance LEGALLY stalls processing the claim until they complete their investigation, and talking to their insured is part of that investigation...
And the van driver has NO fault or portion in this wreck...in GA, when you rear-end someone, the charge is "following too closely"...the only guy at fault is the one who rear-ended you...his insurance is responsible for fixing your car and any damages to the van if you ran into the rear of him...which brings me to another item I recommend that folks carry, and that is Uninsured (Underinsured) Motorists insurance...
If his liability policy only has, say, 25K in vehicle damage coverage, and your car is a MB S500 and so is the car in front of you, the damages could exceed the amount of his insurance...the UM policy will kick in and give you extra coverage, if you have amounts over his coverage, and you also can use your collision coverage for the same thing...
U/M gives you coverage for pain and suffering in the event he is uninsured...in GA, we have sufficient illegals that the possibility of an uninsured motorist is quite high...
#5086 of 5324 Re: This happens all the time, sadly... [marsha7]
Sep 21, 2012 (9:23 pm)
You are getting opinions all over the board here, but one thing is for certain ... the best and most efficient way to resolve this is to utilize your own coverage if it exists. Additionally, as the days tick by you have a duty to mitigate your damages. Go through your carrier if you have full coverage and suck up the potential rate increase as well as the deductible ... you will come out better in the long run.
The other party failing to communicate with his carrier does not prevent you from making a claim; however, his carrier VERY MUCH could deny coverage for his failure to cooperate. Despite the clarity of liability, coverage may not be in order and they may require his statement to resolve any coverage issues. His carrier has very little obligation to you ... you are not really any concern of theirs. They care about two things, duty to indemnify and duty to defend. If they cannot clear up coverage you are not even in their world.
I'm not familliar with GA; however, I very much believe that liability could be assessed to the van, depending on why that van was stalled in the road, how long that van had been stalled in the road, what steps the driver took to warn other traffic, etc.... Essentially, it's a question of fact. Liability is never clear, it's never decided by the policy, it's rarely decided by the law, it's only informally agreed upon by carriers and attorneys ... and a jury (the only ones that solidly assess liability) knows less about negligence than any of the above parties.
Call your carrier, get them moving on your vehicle. Call Geico, see if they will front your deductible once they accept liablity and clear coverage. Otherwise you can file suit, that will force Geico's hand to either deny for non-coop or defend ... and really really catch them off guard.
Marsha ... I no longer believe you are a PA. I can't imagine any situation like this where an attorney wouldn't pursue the back car for 100% of injuries, settle and release and then go after the van for 100% of injuries (or if no information on the van, their own carrier for UM at 100%). Someone must have dropped an ethics bomb in GA that missed the rest of the country.
Sep 26, 2012 (5:15 am)
"Marsha ... I no longer believe you are a PA"...My brain must be in hibernate mode...what is a PA?
#5089 of 5324 Re: lilyowen [marsha7]
Sep 26, 2012 (2:13 pm)
My guess would be "practicing attorney".
#5090 of 5324 Re: lilyowen [houdini1]
Sep 26, 2012 (3:07 pm)
Maybe he thinks it means he's not from Pennsylvania....
#5091 of 5324 Re: lilyowen [marsha7]
Sep 26, 2012 (8:17 pm)
Around here a PA is a Prosecuting Attorney.
#5092 of 5324 Re: lilyowen [marsha7]
Sep 26, 2012 (8:21 pm)