Car accident woes: at-fault driver ignoring insurance?
November 30, 2022 10:23 PM Subscribe
A few weeks back a car merged into me without warning, tearing up my back driver's side panel and door. Now they won't respond to their own insurance company's attempts to make contact and their insurance wants me to "prove" that it was their fault. The situation was a hit-and-run. What can I do? Pennsylvania.
I was driving lawfully in a far-right lane on a relatively low-traffic road a few weeks back when the car in the lane to my left spontaneously merged into me. I pulled off and put on my flashers, jumped out of my car, and saw that the offending car had stopped behind me. Two people jumped out, looked at the damage their car had caused mine, said "damn", got back into their car, and drove away. I had the presence of mind to sprint after their car and memorize their plate #, which I included in the police report I filed. (I had tried calling the police 3x on the scene but the line rang... and rang... so my partner coached me whilst I drove home to keep me calm, as I was pretty shaken up, and I filed a police report a few hours after the incident from home).
I looked up the plate #, and the make/model matched that of the car that hit me.
Next day, I filed a claim with my insurance company and explained all of this, including photos of the damage and the "DC report #" (what my city uses, kind of a pre-police report reference #).
I gave an interview to my insurance company describing what happened.
My insurance used their systems to locate the guilty party's vehicle and insurance.
Their insurance co. called me and I gave my interview.
They have been attempting to call their insured, who claimed that they "weren't out driving" at the time of the accident, and have since ceased to respond to contact by their insurance company.
I uploaded all of the photos, DC#, etc to their insurance co. website at its request.
Now their insurance co. is saying that there is no way to "prove" that their insured is guilty, because there were no other witnesses and I did not get a chance to take a photo of their vehicle and I don't have a dashcam (I ordered one after this, though).
The onus is on me to prove that this accident occurred, but how can I do that? I gave all of the evidence and testimony I have. I am working on getting the police report, but I learned that police reports don't actually prove anything, since police cannot determine who is "at fault", only insurance companies can.
I have collision, and I will get my car repaired at my insurance co's in-network shop. But I'd obviously like to recoup the cost of the deductible, as well as have their insurance co. pay for a rental car in the meantime.
If the at-fault party will not respond to contact requests, is there anything else that anyone- their insurance co, my insurance co, etc- can do?
I was driving lawfully in a far-right lane on a relatively low-traffic road a few weeks back when the car in the lane to my left spontaneously merged into me. I pulled off and put on my flashers, jumped out of my car, and saw that the offending car had stopped behind me. Two people jumped out, looked at the damage their car had caused mine, said "damn", got back into their car, and drove away. I had the presence of mind to sprint after their car and memorize their plate #, which I included in the police report I filed. (I had tried calling the police 3x on the scene but the line rang... and rang... so my partner coached me whilst I drove home to keep me calm, as I was pretty shaken up, and I filed a police report a few hours after the incident from home).
I looked up the plate #, and the make/model matched that of the car that hit me.
Next day, I filed a claim with my insurance company and explained all of this, including photos of the damage and the "DC report #" (what my city uses, kind of a pre-police report reference #).
I gave an interview to my insurance company describing what happened.
My insurance used their systems to locate the guilty party's vehicle and insurance.
Their insurance co. called me and I gave my interview.
They have been attempting to call their insured, who claimed that they "weren't out driving" at the time of the accident, and have since ceased to respond to contact by their insurance company.
I uploaded all of the photos, DC#, etc to their insurance co. website at its request.
Now their insurance co. is saying that there is no way to "prove" that their insured is guilty, because there were no other witnesses and I did not get a chance to take a photo of their vehicle and I don't have a dashcam (I ordered one after this, though).
The onus is on me to prove that this accident occurred, but how can I do that? I gave all of the evidence and testimony I have. I am working on getting the police report, but I learned that police reports don't actually prove anything, since police cannot determine who is "at fault", only insurance companies can.
I have collision, and I will get my car repaired at my insurance co's in-network shop. But I'd obviously like to recoup the cost of the deductible, as well as have their insurance co. pay for a rental car in the meantime.
If the at-fault party will not respond to contact requests, is there anything else that anyone- their insurance co, my insurance co, etc- can do?
Response by poster: I have made a statement with their insurance company. My insurance company suggested that I get the repair work done and pay the deductible, and that if they are found at fault, their insurance company will reimburse me whenever that happens (months away probably). I've contacted my claim agent again to check on the progress of the claim and am awaiting a response.
posted by erattacorrige at 11:02 PM on November 30, 2022
posted by erattacorrige at 11:02 PM on November 30, 2022
Can’t the police match the paint they left on your car to their or something?
posted by pairofshades at 5:15 AM on December 1, 2022
posted by pairofshades at 5:15 AM on December 1, 2022
Response by poster: Can’t the police match the paint they left on your car to their or something?
The police did not even answer my call for 3x attempts. Like...
posted by erattacorrige at 6:16 AM on December 1, 2022 [5 favorites]
The police did not even answer my call for 3x attempts. Like...
posted by erattacorrige at 6:16 AM on December 1, 2022 [5 favorites]
Can’t the police match the paint they left on your car to their or something?
Police don't do anything beyond making an incident report, unless there was bodily injury/death, or severe (i.e. wrecked vehicles, car through a wall, etc.) property damage.
posted by Thorzdad at 6:32 AM on December 1, 2022 [3 favorites]
Police don't do anything beyond making an incident report, unless there was bodily injury/death, or severe (i.e. wrecked vehicles, car through a wall, etc.) property damage.
posted by Thorzdad at 6:32 AM on December 1, 2022 [3 favorites]
This is something you need to be bugging your insurance company about. This is their job, not yours. If they don't feel like doing their job, tell them your next call is the Pennsylvania Insurance Department.
posted by Etrigan at 7:05 AM on December 1, 2022 [26 favorites]
posted by Etrigan at 7:05 AM on December 1, 2022 [26 favorites]
like etrigan, i think i'd talk to your insurance company again. it's a hit and run essentially - and this article explains that you should be covered by YOUR insurance.
posted by monster_a at 7:34 AM on December 1, 2022 [2 favorites]
posted by monster_a at 7:34 AM on December 1, 2022 [2 favorites]
Had a car thing recently and their insurance company should be talking to your insurance company, not to you. It sounds underhanded to me that they asked you to prove it.
posted by DixieBaby at 2:17 PM on December 1, 2022 [2 favorites]
posted by DixieBaby at 2:17 PM on December 1, 2022 [2 favorites]
This thread is closed to new comments.
posted by bluedaisy at 10:37 PM on November 30, 2022 [9 favorites]