I was hit from behind in my car and as a result my car was totaled. The police report says it was the fault of the other driver and his insurance company has already sent out a guy to look at my car. It has been approximately 45 days since the accident and the other guys insurance company says it needs a "statement" from their driver, who is not cooperating and has been unreachable since the accident. My lawyer even gave me a ballpark figure that the insurance company was talking about but, says that I must wait on them to reach their driver. Well if the other driver never shows up how long do I have to wait to get the property portion of the claim, that is to say when will the company have to legally pay for my car?
I’m not sure where George gets his information, but he’s completely incorrect…..
Each state’s DOI (Department of Insurance) regulates WHAT, WHEN, WHY, and HOW an insurance company does something. The DOI requires the insurance companies do an INDEPENDENT investigation of the accident….they are not allowed to rely on, as George says, police reports, for many reasons, but one factor could be because they are seldom accurate and to be quite honest, the officer isn’t "investigating" the loss–he’s writing statements & typing a report. A cop doesn’t determine negligence, but what he can tell you is who violated what vehicle code. Depending on the cop, he may or may not provide additional info, such as skid marks, speed, etc……
As part of the investigation process, as well as contractual responsibilities with their insured, the insurance company has to speak with BOTH the driver and named insured (who can sometimes be 2 different people.) The have to 1) make the named insured aware of the claim and 2) verify the facts of loss with the driver. But this is just a small step, albeit a HUGE one, in getting closer to settling the claim.
The insurance company can’t MAKE the guy cooperate, even though there is a cooperation clause in his policy. The other insurance can’t pay the claim until he speaks with the driver/insured. All the insurance company can do is continue to make reasonable attempts to speak with the driver, and worse case scenario, they can deny coverage for lack of cooperation. But you don’t know why the guy’s not calling them anymore than they do…as far as they know, the guy’s dead, in jail, or in a hospital somewhere.
As for how long do they have, you have to check with your DOI. Most states say upon receipt of proof of claim, i.e. estimate of damages, they have 10 days to pay or deny the claim. If the investigation is not complete, they must notify you in writing every 30 days of the status. This is just an example, so check with your DOI for exact procedures and timelines. They legally pay for your car when they have meet the requirements of BOTH the DOI and their policy with their insured.
As for you….you have a duty to mitigate your damages. What does this mean? You have to make reasonable attempts to prevent any additional damages/cost from incurring. If you don’t have collision coverage, then you’ll have to wait on your repairs I suppose, but that’s not the other guys fault, that’s your for not being properly covered. Your insurance will subrogate the at fault party if you do have collision.