Who Is Going To Pay?

[bellasmom]

Pennsylvania.

I was involved in a car accident. The other driver was found at fault by the police, however they did not cite her. She was driving someone else's vehicle. She provided her info to the police. I thought everything was fine, but apparently not. I reported it to my insurance company right away, but she didn't. And she hasn't responded to messages from my own, or the vehicle owner's insurance companies. She and the vehicle owner have the same address, according to the police report.

I'm starting to get pretty angry, because her insurance company will not accept liability until they talk to her. Is there some sort of law requiring them to accept liability if she continues to not respond? I have a job that I NEED. My insurance company will only pay $20/day for a rental, and I just don't have the money. You want to know why? Because not two weeks before the accident, I forked out almost $2000 to have emissions related parts replaced. I'm flat broke! I'm dying to find out if my car is totaled, I hope not considering all the money I just dumped into it.

Here's the kicker, I sold my plasma, you know, the liquid part of your blood, to fill up my gas tank so I could get to my job & make money to recover from the car bill. I filled that car up right before the accident. $55 of gas that I paid for with my own freaking bodily fluids went into the car that cost me $2000 that is now completely smashed. I'm furious. How long can the insurance company hold out on me getting a rental so I can stop walking to work, and get my car fixed?

 

[ecmst12]

They have the right to investigate. They do not, ever, need to just take your word for it that it was her fault. If they do not complete their investigation fast enough for you, you can sue the owner and driver in small claims court. However your insurance company is paying for your repair, right? They will be pursuing the owner and driver of the other vehicle and will do their best to get your deductible back as well as any out of pocket expenses.

 

[JETX]

Is there some sort of law requiring them to accept liability if she continues to not respond?

No.

My insurance company will only pay $20/day for a rental, and I just don't have the money.

Not their problem. You had the option to pay for additional rental car coverage in your policy and 'gambled' by not taking it. Sounds like the 'gamble' didn't pay off in this case.

You want to know why? Because not two weeks before the accident, I forked out almost $2000 to have emissions related parts replaced. I'm flat broke!

Again, not anyone else's problem.

I'm dying to find out if my car is totaled, I hope not considering all the money I just dumped into it.

If it is totaled, be sure to have your receipts for the recent work done and try to get the insurance to include some of the amount.

How long can the insurance company hold out on me getting a rental so I can stop walking to work, and get my car fixed?

They can 'hold out' or simply refuse to cover your damages entirely. File a claim with YOUR insurance (you do have coverage, right??).

 

[ecmst12]

If it is totaled, be sure to have your receipts for the recent work done and try to get the insurance to include some of the amount.

They have no obligation to add anything for normal maintenence work done on the car, since that does not add value and is just the normal cost of owning a car and keeping it running. If OP had NOT spent that money, they would deduct for the car being in poor working condition - or she would not have been able to drive the car at all, and the accident wouldn't have happened!

 

[bellasmom]

Yes, I have coverage. My insurance company told me that they can either let the other insurance company handle it, in which case I wouldn't put out any money, or let my insurance company handle it, in which case I pay my deductible & the additional rental car fees. I am hoping that I can hold out and wait for the other insurance co. to accept liability, but I don't know how long they can wait to do that. Does anyone know how long they may investigate? There has to be some sort of limit on it, doesn't there?

 

[ecmst12]

Not really. It can take 30 days or longer. And if they have exhausted all their resources to find the other person and can't, they may DENY coverage for failure to cooperate amd abide by the terms of their policy.

 

[caslerst]

$2000 just to pass smog?!?!

I don't know about Pennsylvania but in California the limit was around $300 a few years ago. Once you spent that much trying to get your car to pass smog you could show your receipt to the DMV and they would let you slide for that year.

 

[ecmst12]

We do not have "smog" testing like CA. We do have yearly safety and emissions inspections and there is no limit on the amount you may have to spend to get your car legal. If it doesn't pass the tests, it's not allowed on the road.

 

[bellasmom]

Talked to the other drivers insurance company today. The other driver still hasn't called them, in spite of both insurance companies leaving messages. Other driver's insurance also said that the phone and address info on the police report doesn't match what they have. They said that they will request the police report after 15 days of not hearing from other driver, and at 30 days the adjuster will ask to move forward without the other driver's statement. Apparently it varies from company to company.

 

[bellasmom]

Talked to other driver's insurance again today. They said that there are "coverage issues". Wouldn't say any more because it was a customer service rep, the adjuster wasn't in the office. I'm feeling like I'm going to get screwed!

 

[ecmst12]

There are "Coverage issues" because the driver is not cooperating with the investigation.