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Accident help | insurance company not contacting their client
About ten days ago I was in an auto accident, I was driving thru a green light and a car made a left hand turn into me, the guy totaled my car and I have been without a car all this time.
I only have liability coverage so I am going after his insurance company for property damages which is totaling over 4000, I have called his insurance company, and the guy has not yet reported the accident...the insurance company tells me they cant make any decisions without hearing from him to determine who is liable.... which I'm aware he has 10 days to report it to the DMV, so what if he never reports the accident??
Am I just supposed to accept what they keep telling me and suffer with no vehicle?? what are my rights? should I just contact an attorney?
You are always advised to contact an attorney. Please see: http://www.auto-insurance-claim-advice.com/find-a-lawyer.html.
The insurance company does have a right to hear from their client first. Usually, if they do not contact their client, a police report can be enough to compel the insurance company to issue payment.
If you are left with no vehicle, then you can ask that when the insurance company determines liability, they must pay you back for your damages due to their inability to contact their client.
Depending on your state, the insurance company might have to pay you for those cost. In some states, however, you have a strong duty to mitigate damages, which means you have to avoid the cost of the loss from getting bigger, and thus, you must figure out a way to reduce cost (i.e., taking the bus).
This is not necessarily fair, but it is how it works in some states.
By the way, we are not sure about the 10 day limit, but reporting to the DMV should not affect the liability and coverage decision of an insurance company.
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