I got rear-ended at a red light earlier this September by a guy insured by State Farm. The damage to my bumper was minor, but I want to get it fixed since the car is only a few years old. He wouldn’t let me take a photo of his driver’s license but did give me his insurance info. I took some pictures and we both went on our way.
Now State Farm has denied my claim because they can’t get in touch with him.
What should I do next?
If the other driver isn’t cooperating with the insurance company, they can be sued. Maybe the driver wasn’t actually on the insurance, or they moved and haven’t updated their contact info with the insurance company. 30 days seems short to deny for non-cooperation.
It’s been 30 days, that’s usually enough time for them to deny due to no response.
Every insurance company is different, but the company I worked for gave the insured up to 60 days before denying for non-cooperation. We’d make multiple contact attempts by phone, email, and mail before making any decision. Some cases could drag out for 2 months or more before a denial was finalized. Meanwhile, the other party keeps calling for updates, frustrated with the lack of progress.
That’s wild. Where I’m from, if the driver doesn’t cooperate with their insurance, the insurance has to accept liability after a set time. It’s frustrating, but at least the system protects the victim more.
What can the claimant do when a storage lot threatens to auction the car unless the insurance company acts quickly?
Eventually, he did let me see his driver’s license. It was the right person.
You can file through your own insurance and pay the deductible, or fix it yourself and then sue the other driver in small claims court.
File through your insurance and let them handle the claim with State Farm.
Let me explain a bit more how it works. You’ll pay your deductible to get your car fixed. Then, your insurance will bill State Farm for the total cost, including your deductible and any rental car expenses. State Farm might try to deny the claim, but your insurance will send it to collections. At this point, the other driver might panic and contact State Farm, leading them to reassess their decision. If they do pay, you’ll get your deductible back. If not, your insurance may give up and let you try to recover through small claims.
This answer is spot on, couldn’t have said it better.
Show us the proof!
This only works if you have collision coverage. If you only have liability, your insurance won’t help.
This is exactly why you should always get collision coverage.
It depends on the car. I had an old Subaru that wasn’t worth much. Paying for collision coverage on it would’ve been a waste of money. When it got totaled, the other driver’s insurance paid out, no problem. But for newer cars, yeah, full coverage makes sense.
You’ve got two choices: use your own insurance and let them recover from the other party, or take the driver to small claims court. This is why we all pay for insurance in the first place.
Subrogation sounds like some legal term you don’t want happening to you!
I had to go through this once. The police report showed the other driver was at fault, but their insurance denied it, claiming the report was wrong. I had to file with my insurance and it took almost a year for the other driver’s insurance to finally pay.
Isn’t this the reason you have insurance? Let them handle it.
Yeah, but I’m trying to avoid paying my deductible.