mbrcatz
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Let your company handle the claim, and subrogate under her policy.
If you don't have collision coverage, and her company won't acknowledge your attempts at filing a claim, you'll have to take her to small claims court, assuming damages are small enough.
Really, your agent should be doing this for you! That's what you pay them for! If they are too stupid or too lazy to do this for you, you should get a new agent! |
daveowenville
 |
This happened to me once, and it took eight months to settle. It was also in Illinois. EDIT: The following should only be read if your insurance company refuses to deal with the other person's insurance company, as they're supposed to do so.
Now, I'm going to tell you what happened to me; there's no guarantee this is what has happened to you, or that the companies are the same, so take this with a grain of salt.
So:
Guy hits my car, his fault. Turns out we go to the same high school, and I only have liability insurance. He says he's got State Farm, which is the same insurance I have, so I think it's no big deal.
We go to the police station together and fill out a report. The report goes to the police, and though the report has his insurance number, I forget to write it down and lose my copy. Oops.
So my insurance company (also his, supposedly) says "without the insurance policy number, we can't tell if we insure this guy or not." They claim they can't find anyone with his name in their records.
I keep calling the guy's house; no luck. The school we both go to is a large one (over 1000 kids in my class alone) so running into him isn't likely. Finally, months later I manage to find out the home room he's in, and catch him outside of it. He gives me the runaround and has no number.
In the meantime, I have the damage estimated, just in case we ever find the guy, then get it fixed myself.
Finally (eight months later!) I get a copy of the police report, and it has the number. I call my insurance company and ask about progress; they say "there's nothing we can do without a number, I think he lied to you about having State Farm insurance."
So I give him the number over the phone. There's a long pause, then he puts me on hold. Several minutes later, he comes back on the line and says "You got us. I'll send a check." then hangs up. I kid you not.
A few days later, a check for the damage arrives via express mail.
One more: a friend of mine got hit head-on, and long story short, guy wouldn't call his insurance company to report the accident. They said the same thing, that if he didn't report it they'd cancel his insurance, but they couldn't pay the claim unless he reported it.
My friend was more clever than I was. She had the guy's phone number, so first she called the guy's insurance company and put 'em on hold. Then she called him (3-way calling) and got him on the line. She asked if it was him, he answered in the affirmative, then she said "I've got your insurance company on the line. You need to report the accident or they'll cancel your insurance." The insurance rep then spoke up and asked if he had an accident to report, and he was so flustered that he admitted it right away. My friend got her car repaired.
So here's what I wished I had done, but at the time was too young and inexperienced to realize...
Find out the specific date after which the unreported accident will no longer be covered by the insurance. Write a brief, businesslike letter (either have your lawyer do it, or write it as yourself; do NOT pretend to be a lawyer!) that states the fact that there was an accident, that she was at fault, and that her insurance company has stated their intention to not cover the claim if she doesn't contact them by the specific date. Then close with a polite reminder that if her insurance does not cover the claim (put the amount of the estimate, and that it is an estimate only) in full, you fully intend to take her to court to recover costs.
The last line should be like this: "I am sending you this letter in good faith, with the understanding that immediately upon being notified of your obligation in this matter, you will contact your insurance company and fulfill that obligation." This will send the message that, even though you're not saying you're a lawyer, you might BE one and hiding that fact, or that you consulted with a lawyer before you wrote the letter.
If that doesn't make her do it, prepare to take her to court, and that letter will help you make the case. |
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