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dude rear ended me, didn't have courtesy to give reach arou...i mean accurate insurance

fightinfilipinofightinfilipino Angry as Hell#BLMRegistered User regular
edited July 2012 in Help / Advice Forum
long story short, i was rear-ended earlier today while i was stopped at a stoplight. i managed to get the driver's name and phone number, and i took a picture of his supposed insurance information, but the insurer can't verify anything with me. i was pretty shaken up at the time, so i missed checking obvious things like the driver's address, the name of the insured, and other things.

i also neglected to find out what the make and model of his SUV was...so i turn to you guys in hopes that i can at least figure out this bit of info.

here's a pic, with the driver and passenger blocked out for obvious reasons.

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help?

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  • fightinfilipinofightinfilipino Angry as Hell #BLMRegistered User regular
    i figured it out, it's a 1997 KIA Sportage.

    i suppose i also could ask, what the hell can i do in this situation? the insurer information the driver gave me is apparently not checking out with the actual insurer, or at least they can't verify anything without the address of the insurance policy holder. i've got strong suspicions that the driver is NOT on the policy. i'm also pretty sure it's not his auto.

    i've already tried calling the local police non-emergency line, and all they can do is tell me that the name of the driver is not listed on the car's registry. i feel like this is going to be a dead end pretty soon. any ideas what i can do?

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  • KafkaAUKafkaAU Western AustraliaRegistered User regular
    Do you have the guys license details?

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  • see317see317 Registered User regular
    Call your insurer. Give them the name/insurance number/license plate/police report number etc... They've got access to resources that you don't, and more importantly, tracking down stuff like this is what you pay them for.
    If they can't go after the driver, they'll be able to go after the cars owner.

    Don't contact the other guys insurance again, talk to your insurance and let them do the legwork.

  • DraygoDraygo Registered User regular
    edited July 2012
    Bingo, this is why you have insurance. Also fill out a police report asap.

    Draygo on
  • bowenbowen How you doin'? Registered User regular
    see317 wrote: »
    Call your insurer. Give them the name/insurance number/license plate/police report number etc... They've got access to resources that you don't, and more importantly, tracking down stuff like this is what you pay them for.
    If they can't go after the driver, they'll be able to go after the cars owner.

    Don't contact the other guys insurance again, talk to your insurance and let them do the legwork.

    /lime

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • SammyFSammyF Registered User regular
    edited July 2012
    i've already tried calling the local police non-emergency line, and all they can do is tell me that the name of the driver is not listed on the car's registry. i feel like this is going to be a dead end pretty soon. any ideas what i can do?

    Do you have the registry information from the insurance card? Or did you give them the license plate number?

    By the way, for some reason it's a universal truth that lawyers always forget what they're supposed to do when they're involved in an accident. A friend of mine in the JAG corps was creamed in a car accident on the interstate and didn't think to herself for an entire week, "maybe it's important for me to go to a doctor to have my aching stiff back examined by a medical professional for the purposes of my insurance claim."

    It happens. Don't sweat it or feel bad about it. There's probably enough for the insurance investigator to track the dude down, and hopefully your policy includes something for uninsured motorist claims.

    SammyF on
  • DivideByZeroDivideByZero Social Justice Blackguard Registered User regular
    Yeah, worst-case is you're liable for your deductible. If they can't track the guy down that's as bad as it gets. If they do find him and he's insured they can subrogate the claim to them and refund your deductible (eventually; you will probably have to keep on them about this). Your premiums should not go up because of a rear-end collision.

    First they came for the Muslims, and we said NOT TODAY, MOTHERFUCKERS
  • fightinfilipinofightinfilipino Angry as Hell #BLMRegistered User regular
    i currently have:

    the license plate number from the vehicle
    the insurance policy number and insurance company name
    supposed name of the driver
    supposed phone number for the driver
    the make and model of the auto
    picture of the driver, his passenger, and the side of the vehicle
    pictures of my car where the damage took place

    i did not get (and i really should have) the name associated with the insurance policy, the address tied to the insurance policy, or the driver's license.

    gonna try to call my insurer to see what they can do. i'm fairly sure in the short term i will be out of $1000 for a deductible. ugh.

    also, if my insurer does find (as they should) that it was the other driver's fault, but it turns out that that driver was not on the insurance policy tied to the other vehicle, what happens then? who covers the damage?

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  • bowenbowen How you doin'? Registered User regular
    License plate number should be enough for the police and insurance company to do what they need to do. The person who owns the car is liable, assuming it wasn't stolen.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • SammyFSammyF Registered User regular
    edited July 2012
    bowen wrote: »
    License plate number should be enough for the police and insurance company to do what they need to do. The person who owns the car is liable, assuming it wasn't stolen.

    Yeah unless the dude had previously stolen a license plate off another car just in case he was involved in a minor incident which he was able to get away from before a police cruiser could roll by, run his plate and say, "Hey, this license plate is registered to a beige Toyota Camry, not the most hideous fucking Kia I've ever seen," you ought to be golden.

    Unless the driver was uninsured, in which case both of you are boned.

    (Seriously, what fucking color is that? It looks like a goddamned watermelon Jolly Rancher.)

    SammyF on
  • bowenbowen How you doin'? Registered User regular
    State will probably fuck them in the ass if they're uninsured since he has the licenses plate and can ID the vehicle.

    But yeah that would be the only issue and is probably really really unlikely.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • fightinfilipinofightinfilipino Angry as Hell #BLMRegistered User regular
    welp, i've called my own insurance and told them everything i could. they're doing an investigation, and hopefully can sort things out.

    i'm insured through Liberty Mutual, and i can't recommend them enough. they take pretty good care of their customers.

    guess i'll keep everyone posted; thanks for the help!

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  • DhalphirDhalphir don't you open that trapdoor you're a fool if you dareRegistered User regular
    This exact kind of thing is half the reason why you pay for your own insurance. Its not just to protect you if you have an accident that is your fault - its also to do this kind of dirty work for you so you don't have as much stress.

  • MichaelLCMichaelLC In what furnace was thy brain? ChicagoRegistered User regular
    That sucks. The plates w/ make/model is probably the most valuable, so good getting that.

    Yeah, you may be out your deductible if you need to get it fixed before you get anything from shitty Kia. Does it look like over a grand in damage?

    Also may consider going to a doc, even a TakeCareClnic or something similar just to get checked out.

  • Marty81Marty81 Registered User regular
    Did you call the cops? If so, get the police report # for your insurance (or eventual lawyer). On a side note, if you're in an accident and the other guy is at fault you always call the cops. This ensures that you're getting accurate insurance info on the other guy and ensures that his insurance company can't deny that the accident occurred later. The other guy will probably try to stop you from doing this (because he'll get a ticket or worse), but do it anyway, preferably the instant you pull over after the accident.

    Are you saying the guy gave you fake insurance? At the very least it should have his policy # on it and his insurance company should be able to track him down from that. But I agree with the others up above - do not deal with his insurance company directly unless you have to. They will give you the runaround for as long as possible and in the end (if they even accept liability) offer to pay out as little as possible, and if you're not happy with their offer after months of being on the phone with them every day you'll just end up having to get a lawyer to sue them anyway. Trust me on that one.

    Use your own policy to deal with the car damage for now, and your insurance will take care of recovering their cost from the other guy's insurance. Eventually you might get your deductible back if your insurance company is fully successful. If you are injured go to the doctor and use your insurance's personal injury protection (you have that, right?) to cover the bills. If you're REALLY hurt you need to get a lawyer.

  • fightinfilipinofightinfilipino Angry as Hell #BLMRegistered User regular
    edited July 2012
    @Marty81: in California, the police do not take reports unless someone was actually injured. no one was injured in the collision, so the police declined to take down a report when i called them.

    edit: as far as i know i am fine, but i have not gone to a doctor for a check-up.

    i don't think the driver of the KIA gave me fake insurance, but he was definitely not listed as a driver on the insurance policy he showed me, nor was he the registered owner of the vehicle. i only figured these last bits out though through calling local police (who verified the car wasn't reported stolen but wasn't owned by the guy) and calling the other guy's insurance.

    my insurance company contacted the other driver's insurance and started a claim on my behalf. i don't have to pay a deductible, at least for now. the other insurance says they are trying to contact the vehicle insurance policy holder and will contact me to get a damage appraisal.

    this isn't the first time i've had my car hit while i was stopped at an intersection. the prior time, though, the other person was insured through USAA. USAA did a really really good job being responsive and owning up to the repairs. this time around it's a company called "Permanent General", or "The General". we'll see how things go...

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  • Jam WarriorJam Warrior Registered User regular
    You're really taking too much responsibility and worry on to yourself. You claim on your insurance, you give them the details, THEY then worry about who to try and claim it back from. Just relax and stop worrying about it now!

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  • Johnny ChopsockyJohnny Chopsocky Scootaloo! We have to cook! Grillin' HaysenburgersRegistered User regular
    edited July 2012
    this time around it's a company called "Permanent General", or "The General". we'll see how things go...
    ...

    You mean this "The General"?

    http://www.youtube.com/watch?v=Db52uepxANg

    Sounds like it's a insurer that accepts high-risk people, like those with multiple violations and DUI recipients.

    I really hope this works out with little fuss for you.

    Johnny Chopsocky on
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  • SammyFSammyF Registered User regular
    @Marty81: in California, the police do not take reports unless someone was actually injured. no one was injured in the collision, so the police declined to take down a report when i called them.

    edit: as far as i know i am fine, but i have not gone to a doctor for a check-up.

    i don't think the driver of the KIA gave me fake insurance, but he was definitely not listed as a driver on the insurance policy he showed me, nor was he the registered owner of the vehicle. i only figured these last bits out though through calling local police (who verified the car wasn't reported stolen but wasn't owned by the guy) and calling the other guy's insurance.

    my insurance company contacted the other driver's insurance and started a claim on my behalf. i don't have to pay a deductible, at least for now. the other insurance says they are trying to contact the vehicle insurance policy holder and will contact me to get a damage appraisal.

    this isn't the first time i've had my car hit while i was stopped at an intersection. the prior time, though, the other person was insured through USAA. USAA did a really really good job being responsive and owning up to the repairs. this time around it's a company called "Permanent General", or "The General". we'll see how things go...

    Oh fuck no. The General? They're an insurer of last resort, an online provider that specializes in the niche field of at-risk, bad credit motorists whom no other companies would consider enrolling.

  • amateurhouramateurhour One day I'll be professionalhour The woods somewhere in TennesseeRegistered User regular
    The General is "generally" (sorry) Liability insurance only for people that don't want to get a ticket but don't want to carry insurance around or pay a lot for it, and for people that are high risk factors/have bad credit/etc kind of stuff.

    Honestly. they're prolly not going to pay out if someone else was driving the car, because they don't usually write the kinds of plans that cover other drivers, good luck though, hopefully you won't have to take this guy to court.

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  • fightinfilipinofightinfilipino Angry as Hell #BLMRegistered User regular
    oh good :[

    welp, we'll see how this goes.

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  • see317see317 Registered User regular
    oh good :[

    welp, we'll see how this goes.
    At least the guy had insurance. Let your insurance guys fight for you, don't stress out over it.

  • bowenbowen How you doin'? Registered User regular
    oh good :[

    welp, we'll see how this goes.

    Yeah your insurance will likely take them to court for personal liability if the insurance won't pay out. It happens, don't worry about it. Not your fault and you likely won't pay anything.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • amateurhouramateurhour One day I'll be professionalhour The woods somewhere in TennesseeRegistered User regular
    Sorry, I didn't say that correctly, bowen is right. I didn't mean you'd be taking them to court. I just meant that it'll be a hassle going off the info you've given, for your insurance provider.

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  • SammyFSammyF Registered User regular
    see317 wrote: »
    oh good :[

    welp, we'll see how this goes.
    At least the guy had insurance. Let your insurance guys fight for you, don't stress out over it.
    Sorry, I didn't say that correctly, bowen is right. I didn't mean you'd be taking them to court. I just meant that it'll be a hassle going off the info you've given, for your insurance provider.

    And it is at worst a mild hassle from an investigative standpoint. You've got enough to run a vehicle registration check, the insurer has (if I'm reading your posts correctly) acknowledged that they have the vehicle listed on one of their policies (even if the name of the driver isn't listed on the policy or the registration). And you have a picture of the actual driver -- behind the wheel of the car, which is an especially nice touch. It'll take a little legwork and some discovery, but it ought to take less than five hours of work to get a name and address for someone to name in a lawsuit to recover damages.

  • MordraMordra Registered User regular
    Check if you have uninsured motorist coverage. The deductible for uninsured is usually lower than your comprehensive coverage. Worst case, it'll get applied as uninsured. But hopefully they will find the guy's insurance and extract their pound of flesh. You will only be out the deductible if you have to use your uninsured coverage or if it was your fault.

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  • nevilleneville The Worst Gay (Seriously. The Worst!)Registered User regular
    oh good :[

    welp, we'll see how this goes.

    ughhh... sorry buddy :(

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  • ED!ED! Registered User regular
    Can always take him to court if the damage is worth it.

    "Get the hell out of me" - [ex]girlfriend
  • schussschuss Registered User regular
    Mordra wrote: »
    Check if you have uninsured motorist coverage. The deductible for uninsured is usually lower than your comprehensive coverage. Worst case, it'll get applied as uninsured. But hopefully they will find the guy's insurance and extract their pound of flesh. You will only be out the deductible if you have to use your uninsured coverage or if it was your fault.

    CA (and most states) require Uninsured Motorist. You have enough info that it's basically impossible for them to contest. Main thing is to start checking your policy to determine what type of repairs are allow (OEM vs. non) and getting it quoted out. Also check with your adjuster on where to get estimates, as you generally want higher estimates if they get in a pissing match on cost and decide to settle for an amount.

  • fightinfilipinofightinfilipino Angry as Hell #BLMRegistered User regular
    update: it seems the other guy's insurance is moving to take responsibility, if a bit slowly. i've asked them to accept using a well-known repair shop here in SD. gonna have to follow up in a bit.

    man i hope they will include a car rental so i'm not vehicle-less...

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  • ShadowfireShadowfire Vermont, in the middle of nowhereRegistered User regular
    update: it seems the other guy's insurance is moving to take responsibility, if a bit slowly. i've asked them to accept using a well-known repair shop here in SD. gonna have to follow up in a bit.

    I need a vehicle to get around for work and such, so I am going to make sure they pay for a comparable rental.

    Fixed.

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  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    yeah a rental is pretty standard for an insurance claim. When i was with Erie, you only get a certain amount of days with a rental. If the repair takes longer, fuck you!*

    *Actual quote form the agreement (not actual quote)

  • ShadowfireShadowfire Vermont, in the middle of nowhereRegistered User regular
    When my neighbor hit my wife's car they tried the same thing when it would be away for two weeks for body work. I was pretty stern with them, and we ended up with a rental for the whole period.

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  • adytumadytum The Inevitable Rise And FallRegistered User regular
    edited July 2012
    update: it seems the other guy's insurance is moving to take responsibility, if a bit slowly. i've asked them to accept using a well-known repair shop here in SD. gonna have to follow up in a bit.

    man i hope they will include a car rental so i'm not vehicle-less...

    Absolutely push on both of these points. It wasn't your fault, and they should absolutely cover a rental for you. And, while I don't know the law in CA.. from experience I wouldn't ask if they would work with my favored shop.. I'd tell them what shop I'm taking it to so they can arrange payment. My experience is to never, ever deal with an insurance agency's "preferred" shops unless you are absolutely and independently sure they're a quality outfit.

    adytum on
  • fightinfilipinofightinfilipino Angry as Hell #BLMRegistered User regular
    Update 2: The Reckoning

    so it turns out that the policy holder for the other vehicle is not answering or returning phone calls from the other insurer. the other insurer won't do anything until it "completes its own investigation" by contacting their insured (and the other driver).

    i've called my own insurance and asked them to step in. i'm going to have to pay a hefty deductible, but i'm told that my insurance will go after the other company, hopefully get the total money for the damage, and reimburse me for the deductible, eventually. i'll get a rental included with the coverage.

    ugh. at least my insurance company is classy and works like it's supposed to.

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  • amateurhouramateurhour One day I'll be professionalhour The woods somewhere in TennesseeRegistered User regular
    That's what I was afraid of. I'm glad your insurance is stepping up, but honestly man you need make peace with the fact that it will be a while, if ever, until you see that deductible again. It's likely they won't give you that back until they've collected from the insurance agency or the driver personally, which can take a long time in court, and then one of the two still has to actually pay.

    Make sure they're not raising your rates

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  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    yeah, i'd write off that deductible. essentially the same thing happened to me, only it was less shady (a taxicab hit me). It took about six months for me to get my deductible back, AND my company tried to raise my rates. You'll probably get it back, but it wont be for a while. Give them a call like once a month or something to make sure they haven't collected already, and just neglected to inform you. i was worried about that.

  • SammyFSammyF Registered User regular
    Make sure they're not raising your rates

    In case they do try to raise your rates, I'd be proactive right now about looking for insurance quotes from other companies. You obviously don't want to switch in the middle of a claim, but once the claim's resolved, if they've raised your rates, tell them that either they have to put them right back where they were and retroactively credit you for any overages you've paid because of the rate adjustment, or you'll walk.

  • fightinfilipinofightinfilipino Angry as Hell #BLMRegistered User regular
    yeah, i asked a billing/sales agent from Liberty Mutual if going this route would raise my premium at all. she said no. i'll definitely check again in a month or so.

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  • ToxTox I kill threads he/himRegistered User regular
    FWIW, insurance companies will basically never act on a claim until they talk to the policy holder. I think they're legally required to give the policy holder a certain period of time before assuming fault. So, yeah, keep working through your insurance. Eat the deductible, if you get it back, awesome. Your insurance is paying for something that's not your fault and that they can't hold you responsible for, though, so trust that they're working with the other insurance company to get what they're entitled to.

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