Person that hit my car is taking to long to pay me?

Question:
I was in an accident on 1/10/07 where a guy was changing into my lane, hit me and forced me into a curb. It was his fault but I was stupid and didnt call the police. The next day, he reported to his insurance company making a claim against me-he said it was my fault. So a week later their adjuster comes to look at the damages and its about $2500, whereas his car maybe has a few scratches. I filled out a report and mailed it in and two weeks later my witness who was driving behind me finally gets the report to fill out. So basically my car has been sitting in my driveway for about a month ever since the accident. The damages to my car clearly indicate it was his fault and i have a witness yet nothing has really happened. I just feel that this is taking too long and it is being drawn out for no reason. Is there anything i can do to speed up this process like making a report or something? Its not fair that he caused the accident, and is lying about it and i am the one suffering.

Answers:

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It takes quite a while to resolve the majority of insurance claims (more than we as consumers may like).

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Unfortunately, there is nothing much you can do to speed up the process. While it may be clear cut to you, and the witness, adjusters were not there when the accident occurs. In addition, the lack of a police report complicates things.They have to gather evidence to be able to make an objective decision.

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The adjusters are making their liability decision as fast as they can. They also need enough physical evidence and statements to be able to make an objective judgment Insurance companies generally require a statement from their insured before they will make a liability decision.

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My advice: use your own coverages (i.e. Collision / Rental). Your use of your own coverages WILL NOT affect your insurance rates at all as it appears your insurance company has found you not at fault. This will get your car fixed faster. The other insurance company will not get away with it because your insurance company will collect the money they paid out to you from the other insurance company.

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You can only be surcharged for an accident if you are over 51% at fault AND your insurance company paid out more than a certain amount (usually somewhere around $ 1,000).

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Hope this helps

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CORRECTIONS on previous responses

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- You cannot leave the scene with a police report if police were called. Police generally have 5 - 10 days to file their reports with their departments, and only then can you get one.

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- The first party insurance coverage which applies to an accident in the road is called "Collision". Comprehensive coverage covers damages not resulting from a collision such as acts of god, theft, etc. Read your policy contracts!

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all that damage and you didn't call the cops? what do you expect? gotta wait.

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Actually it isn't really that long. I was hit in October and the insurance companies are still fighting but my State Farm has already paid to fix my car--but they let me know the other company hasn't paid them back yet.

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Never leave without a police report.

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Contact your insurance agent and explain the situtation. You may have difficulty getting anything from the other driver's insurance. I doubt they will hand over the money without a fight, but you never know. If you have comprehensive coverage on your car, you can still get it fixed, minus the deductible.

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Actually very little time has passed. Did you give the information to your insurance company? They should be handling this for you, especially since there is apparently some question as to blame. Could be they are waiting for you to pay for the scratches to his car. Ask your agent, but again, very little time has passed. These things can take years to resolve.

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You have a duty to mitigate your damages.if you think "this is taking too long," then why haven't you had your car fixed? Why haven't you contacted your insurance company to fix your car? And don't give me the "it's his fault, he should pay," or "I don't have collision" excuse.you are responsible for making sure your repairs are done and you have the proper coverage for your vehicle. WHEN the other insurance company decides to pay, well, that may be forced upon them through an arbitrator and that can take MONTHS.

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The other guys insurance company is doing their job and if you don't like how it's being handled that's your right, but you have to mitigate your damages. So your options are these...either have your insurance company fix your car or just wait for the other guys insurance to do their job and fix your car.
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