Auto Insurance Problem

[Al]

Granddaughter's fiance' had an accident with a car in her name,. It was totally the other guy's fault. Its been over a month and the vehicle has not been fixed. There was a delay by the police in filing the official report bc the police did not get out the report bc the other guy did not file 'his" report my granddaughter's State Farm agent said that she must deal with the other guy's insurance (they are dragging their heels). I also have State far, and my agent (he is a higher level guy) told me that if State Farm will handle it but car rental and towing must come out of her pocket til the claim gets fixed.

Now I can buy that. And I understand that she will be compensated. I will again talk to my agent tomorrow. I will tell him if it does not call her agent and get it straightened out. I will drop them like a bad penny..

I of course will be very polite but will not be shat on. I have umbrella, house, 3 vehicles, a 15,000 ring with them $2200/year. I'm not asking if I should do this bc that's not in question. But am I not understanding something??

If this were me I would tell Allstate to take care of it period. Information would be appreciated. I respect the brainpower on this board.

Thanks.

 

[CKN]

You need to say the following-"I believe you are handling my case in "bad faith". This insinuates that you talked to a Lawyer and you are thinking about legal action.

I have six policies with AAA for a total of $3,300/yr. But at the end of the day with these big insurers-I really don't think threatening to cancel is effective verses what I mentioned above.

I have moved two claims in a stale mate using this very tactic.

 

[PimTac]

I think there is something missing here. Does the fiancé have insurance and is it complete?

Not sure you should involve yourself until you have all the facts and details. Even then.

 

[JTK]

The way I'm seeing this is the granddaughter has insurance on her car. Her car was damaged in an accident. If she's having issues with the other party, her insurance has to deal with this or subrogate and cover some/all of the repairs themselves.

My experience with local agents these days (at least with Allstate) is they are about useless. Everything has to go through 1-800-allstate. I have zero experience with State Farm, but assume they're the same.

 

[Al]

Thanks so far. She is fully insured. I will only get involved to the extent my agent wishes to. I have given her advice. I will not talk directly to her agent. But I have no problem canceling. Not really a threat. I don't threaten..I just do.

Thanks again. I like the ideas presented. I like the "bad faith thing"

 

[JLTD]

If the at-fault driver's insurance doesn't pay or repair, then she should file through her own and as mentioned SF will go after the other company. She will be out of pocket for deductible, rental etc but once SF collects she will get that all back. I would have rented a vehicle the same day as the accident and used that as leverage against the other insurance.

I worked in the industry...a month is ridiculous!!

 

[Andrew1972]

You can ask for claim to get surrogated. However you are on hook for deductible and any rental, rental etc (if you lack said insurance) until they get reimbursed for it.

I can't imagine that will cost more then $1000 which should be in her life emergency fund.

 

[Lyman]

Threatening an insurance company with canceling a policy will get you nowhere. Threaten to report them to your State Insurance Commissioner.

 

[Al]

Originally Posted by Blkstanger
Threatening an insurance company with canceling a policy will get you nowhere. Threaten to report them to your State Insurance Commissioner.

Understand. I can't really do that bc I am not directly involved in her claim and its in WV

Thanks all.I so appreciate it.

 

[atikovi]

Originally Posted by Al
State Farm agent said that she must deal with the other guy's insurance (they are dragging their heels).


That's BS. Isn't the first thing your are taught to do at an accident is not to give out any information to the other party besides insurance and contact information? If she has full coverage her insurance should be in contact with the other parties carrier. You sure they were insured?

 

[PimTac]

Originally Posted by atikovi
Originally Posted by Al
State Farm agent said that she must deal with the other guy's insurance (they are dragging their heels).


That's BS. Isn't the first thing your are taught to do at an accident is not to give out any information to the other party besides insurance and contact information? If she has full coverage her insurance should be in contact with the other parties carrier. You sure they were insured?




The key point here is that she was not driving. Her fiancé was. I think that's the crux of the problem.

 

[atikovi]

Originally Posted by PimTac
Originally Posted by atikovi
Originally Posted by Al
State Farm agent said that she must deal with the other guy's insurance (they are dragging their heels).


That's BS. Isn't the first thing your are taught to do at an accident is not to give out any information to the other party besides insurance and contact information? If she has full coverage her insurance should be in contact with the other parties carrier. You sure they were insured?




The key point here is that she was not driving. Her fiancé was. I think that's the crux of the problem.


If the fiance had her permission that shouldn't be an issue, especially if it was the other drivers fault.

 

[azjake]

Originally Posted by atikovi
Originally Posted by PimTac
Originally Posted by atikovi
Originally Posted by Al
State Farm agent said that she must deal with the other guy's insurance (they are dragging their heels).


That's BS. Isn't the first thing your are taught to do at an accident is not to give out any information to the other party besides insurance and contact information? If she has full coverage her insurance should be in contact with the other parties carrier. You sure they were insured?




The key point here is that she was not driving. Her fiancé was. I think that's the crux of the problem.


If the fiance had her permission that shouldn't be an issue, especially if it was the other drivers fault.

Are you sure? Don't policies have some kind of age restrictions on who else can drive the car.
Based on how State Farm is acting, it sounds like her fiance was not covered under her insurance.

 

[PimTac]

Originally Posted by atikovi
Originally Posted by PimTac
Originally Posted by atikovi
Originally Posted by Al
State Farm agent said that she must deal with the other guy's insurance (they are dragging their heels).


That's BS. Isn't the first thing your are taught to do at an accident is not to give out any information to the other party besides insurance and contact information? If she has full coverage her insurance should be in contact with the other parties carrier. You sure they were insured?




The key point here is that she was not driving. Her fiancé was. I think that's the crux of the problem.


If the fiance had her permission that shouldn't be an issue, especially if it was the other drivers fault.



As I understand it this would fall to the fiance's Insurance. If I borrow a relatives car and get into a accident then my insurance is where the coverage comes from.

State laws vary. This state may be a no fault state.

 

[atikovi]

Originally Posted by PimTac
If I borrow a relatives car and get into a accident then my insurance is where the coverage comes from.


Not when it's the other drivers fault.

 

[DuckRyder]

It is impossible to answer this without both more information about the particulars of the situation and some familiarty with WV law, if that is where it happened. WV can have some unique laws.

But generally yes your granddaughter could report a claim and have her insurance subrogate if she has collision coverage...

 

[KneeGrinder]

Laws may vary state to state, but as a rule of thumb if your daughters fiancé lives with her, resides at the same residence, address, and is not added onto her policy as a driver, State Farm is not obligated to insure him as a driver of her vehicle. Anyone that does not live with your daughter, at the same residence is insured to drive her vehicle at anytime.

Most likely this is why State Farm is trying to bow out of perusing the claim/recovery of damages. Also, states may vary, but $5000.00, may be the minimum liability that the state requires for property damage, so depending on the damages the other drivers coverage might not go very far as damages can ad up very quickly.

I actually Hate State Farm, and silently banned them for life from my Body shop. Every person that had SF I sent them to the corner shop that a friend of mine owned, he got along with the adjuster. The guy was a total Jerk, I was never going to let him in my shop again!

 

[KneeGrinder]

Originally Posted by CKN
You need to say the following-"I believe you are handling my case in "bad faith". This insinuates that you talked to a Lawyer and you are thinking about legal action.

I have six policies with AAA for a total of $3,300/yr. But at the end of the day with these big insurers-I really don't think threatening to cancel is effective verses what I mentioned above.

I have moved two claims in a stale mate using this very tactic.


AAA is the best insurance company there is! Expensive, but they pay/compensate repair shops well, the most generous, followed by Farmers. I always liked working for either of those insurance companies.