Can someone who knows about insurance stuff help me on a car accident issue?

I completely got screwd here... Someone help me out please.
2 people in the car ( I was passenger and my friend was driver ) Keep in mind this is my car. I had a little bit to drink so he drove since he was sober. We're not really good friends and I feel betrayed.

We get in an accident, some girl hits us with no insurance and cops come and since they didnt see it happen, they said they can't say whos fault it was.

The way the cars hit eachother shows it was her fault.

Here is the issue... Since she has no insurance we have to go through mine even though I wasn't driving??? Is that the case???

I have uninsured motorist and have started a claim and it's pending. The adjuster is waiting to talk to the driver (my friend)... But he's not picking up and keeps on saying he's busy blah blah, just making everyone run around.

Can I go after his insurance? He has full coverage as well with unisured motorist on his comprehensive...

Can my insurance go after him since he's not cooperating? I hate how this happened, but I feel completely screwd since I had nothing to do with it and I have to do everything.

This happened in Arizona.

Thank you for your help

MSAD

Insurance follows the car not the driver.

That means the cars insurance policy is primary.

The drivers policy comes in on an excess basis. That means, if the injuries/damages are so bad the policy on the car does not have high enough limits to pay for them- the the drivers policy stacks on top of the cars policy.

So....no....you don't file against the drivers policy. You file against yours (the cars).

The lesson to be learned.....be careful who you lend your car to.

Now - your insurance adjuster has to speak to your friend and secure a recorded statement from him about what happened. If your friend does not cooperate- then the insurance company can send you a Reservation of Rights letter that allows them deny coverage if appropriate.

They may just really get fed up and pull you and your friend in for an Examination Under Oath (which is like a deposition- attorney, court reporter etc).

In most cases they just want a recorded interview about what happened - a 15 -30 min phone call. But if you avoid them, they can exercise their rights under the policy - and that includes doing an EUO rather than just a 15 min phone interview by an adjuster.

So - get all over your friends @ss and make him call the adjuster. If you have to - take your cell phone with you - go see your friend - call the adjuster and hand your friend the phone and stand over his shoulder and make sure he talks to them.

Your insurance company is not screwing you.

Your friend is.
So ride his @ss until he cooperates with the insurance adjuster in the investigation of the accident.

Before this can be processed as in uninsured motorist claim - your adjuster will need proof that the other car did not have insurance (usually written) and will need to do a liability investigation.

You can call your adjuster if you have questions and they can explain how things work in your state and why they need to speak with the driver.

**not legal advice. Only an attorney can give legal advice.

sydkan

first of all ohno has no idea what he is talking about.

uninsured motorist is only valid if the other driver does not have insurance and you cannot be at fault (in most states)

Your driver still has a duty to cooperate as he was driving however if you carry full coverage you can always run this a collision. they can always adjust the coverages later.

if you gave him permission to drive your vehicle then your insurance will pay for this. I'm not so sure why you are mad as from what you are saying it wasn't his fault and he did you a favor by driving you home cause you had too much to drink. Next time drink less so you can drive yourself home or take a taxi!! (but i'm glad you had good sense not to drive home!!!)

â˜…â™¥Tim Gunnâ™¥â˜…

You need to contact your local insurance agent. You file the claim and they'll do the rest that's what you paid them for.

ronald h

Since the police report doesn't assign negligence to either driver we can rule that out. Next, the driver of your car is a permissive driver. You permitted him to drive. He may have (probably not) non owned coverage under his policy but if he does it will be excess over yours. In other words yours will pay first. Automobile insurance follows the car. Your uninsured motorist will have to respond to this claim. This is exactly why you purchased this coverage.. If your damages exceed what your insurance pays, you can seek the excess from the girl through the court system. You have max two years from date of injury (either personal or to property) to file suit or you could go through small claims court.

entidtil

Simply notify your insurance company and they will do what is best for them and you. You don't need to lift a finger. You have insurance, let them do what you pay them premiums for.

CwboyBill

Insurance is issued on the CAR, not the person driving it. No, you can't file a claim on his auto insurance in this instance. You'd better find a way to get this loser to talk with your insurer or you'll get nothing.

car253

Your car insurance is primary since your friend was driving your car.
Since the accident was not your fault or your friends fault, if the girl did not have insurance your insurance will cover you under your uninsured motorist coverage.

Police may have an opinion but they do not get to decide who is at fault. The insurance companies make the decision on whose fault it is. If your insurance company is going to pay the claim on your uninsured motorist coverage then everything is fine.

The insurance company will go after the girl to get their money back. And, your friend will not have to cooperate because your insurance company probly already figured out it was not your friends fault.

Ohno

That's why you have uninsured motorists-so you can go after her insurance.
It is your car. You gave permission for someone to drive your car.
So, it is your responsibility even if you didn't cause the wreck.
Go directly to the insurance company and walk in the front door.
If that is impossible, call your adjuster back and leave a message that the NEXTcall you make will be to the insurance commisioner of Arizona and the Attorney General.
you'll get action, then.

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