Will I be able to file a claim against the insurance of a driver who rear-ended me?
February 12, 2010 8:26 AM Subscribe
New York State, rear-ended by driver only just insured through high risk pool, but not yet assigned to an insurance company. Does the insurance company he is assigned to have to accept his policy?
Any New York State auto insurance professionals in the green?
Accident took place on Feb. 6, other driver had a temporary insurance card dated from Feb. 3. Upon calling the insurance company, I was told that they were just the broker and that the driver was entered into the New York State High Risk pool, but had not yet been assigned to his final insurer.
A couple days later I called back and was given the contact details for his final insurer and also an assignment number, from the pool. No policy number.
I called the final insurer on Feb. 10 and was able to file a report and received a claim number. However, upon calling back today (Feb. 12) to check the status of the claim I was told that while they received the assignment on Feb.10, they still have not issued a policy. They say he's still in their underwriting department, and something must be wrong since it hasn't been issued yet. They suggested that they have not yet "decided" to accept the assignment. Is this legit?
Any New York State auto insurance professionals in the green?
Accident took place on Feb. 6, other driver had a temporary insurance card dated from Feb. 3. Upon calling the insurance company, I was told that they were just the broker and that the driver was entered into the New York State High Risk pool, but had not yet been assigned to his final insurer.
A couple days later I called back and was given the contact details for his final insurer and also an assignment number, from the pool. No policy number.
I called the final insurer on Feb. 10 and was able to file a report and received a claim number. However, upon calling back today (Feb. 12) to check the status of the claim I was told that while they received the assignment on Feb.10, they still have not issued a policy. They say he's still in their underwriting department, and something must be wrong since it hasn't been issued yet. They suggested that they have not yet "decided" to accept the assignment. Is this legit?
Response by poster: One additional detail, the estimates for the damage and ancillary expenses come out to just under my deductible. My insurance suggested I try to go through the other driver's insurance company in order to avoid paying the deductible. They did tell me to call them if I had trouble, however.
posted by rocketpup at 8:49 AM on February 12, 2010
posted by rocketpup at 8:49 AM on February 12, 2010
I got into an accident where it was 100 percent the other persons fault about 1 year ago.
IF you just go through his insurance company they can turn around and say not our drivers fault and you dont get reimbursed.
Have your insurance company pursue it. IT might take a year to get your deductable this way but you know u will get it back. I am getting mine back this month after a year and 2 months.
IT actually helps because by the time you get it its forgotten about money lol.
posted by majortom1981 at 8:52 AM on February 12, 2010
IF you just go through his insurance company they can turn around and say not our drivers fault and you dont get reimbursed.
Have your insurance company pursue it. IT might take a year to get your deductable this way but you know u will get it back. I am getting mine back this month after a year and 2 months.
IT actually helps because by the time you get it its forgotten about money lol.
posted by majortom1981 at 8:52 AM on February 12, 2010
Auto insurance laws and standards are extremely variable from one state to the next-- if you want to find out more specifics about his insurance company's liability, your best bet is to contact the New York State Insurance Department-- their address and phone is on this New York Auto Insurance page. Good luck getting your cash, and sorry to hear about your accident-- being rear-ended by a driver who already has a history of risky driving and hasn't learned to do better is so frustrating.
posted by neitheror at 12:21 PM on April 8, 2010
posted by neitheror at 12:21 PM on April 8, 2010
This thread is closed to new comments.
posted by ghharr at 8:40 AM on February 12, 2010