Insurance company can't get in touch with insurer to verify accident

Unfortunately my daughter was rear ended. Insurance information was exchanged. The person at fault is not returning phone calls. His parents said they do not know where he is located.

I called in the claim immediately, did the right thing. The only thing I didn't do was get a police report. It was a simple accident with no bodily injury.

I however was told that if the insurance company can not get in touch with the insurer, the claim will be denied.

How interesting, so if he never return calls, his insurance company can just deny the claim? Can I hold the insurance accountable?



Answer:


Hello,

I am sorry to hear that this situation is happening to you. You are not alone. Unfortunately, it happens all the time.

First, lesson learned. Always call the police. This is why. Please see: http://www.auto-insurance-claim-advice.com/Call-the-Police.html

Okay, can you hold the insurance company responsible?

Probably not!

The insurance company has an affirmative duty to their insured. They must (not optional) investigate the claim and advocate for their client. These creates two very difficult issues:

1. The insured must be contacted to verify the facts. What if the insured is not at fault? Or what if the insured simply denies that the accident even happened. Without a police report, the insurance company is likely left with no evidence to not believe the insured. Thus, you are going to have to involve your own insurance company or you are going to have to go against (in court) against that person. If you win a judgement, then the insurance company could be compel to pay. AND



2. The insurance company could deny coverage all together. Most auto policies have the Duty to Cooperate clause here: http://www.auto-insurance-claim-advice.com/Duty-to-Cooperate.html
   If you the insured fails to "help" or "aid" the insurance company, then they can deny coverage.


This leaves innocent drivers like you at the mercy of the insurance company. There is not much you can do other than contact your own carrier and/or contact an attorney and see how you can move coverage forward.



Good Luck,
http://www.auto-insurance-claim-advice.com