Not Responding to Claim

[lorrieduke]

I was a passenger in a vehicle that was hit by a driver who ran a stop sign. That vehicle has Progressive Auto Insurance but they claim they have not been able to get a hold of the insured for a statement to determine coverage because the driver was unlicensed. Progressive claims they have called the insured but he's changed his phone number. They want to ask him if the driver had permission to drive his vehicle before covering the accident but what happens if they are unable to contact him? He is aware of the accident because the unlicensed driver was his mother who he picked up at the scene.

 

[xrac]

I was a passenger in a vehicle that was hit by a driver who ran a stop sign. That vehicle has Progressive Auto Insurance but they claim they have not been able to get a hold of the insured for a statement to determine coverage because the driver was unlicensed. Progressive claims they have called the insured but he's changed his phone number. They want to ask him if the driver had permission to drive his vehicle before covering the accident but what happens if they are unable to contact him? He is aware of the accident because the unlicensed driver was his mother who he picked up at the scene.

How long has it been since the accident. Sometimes an insurance company will have trouble reaching an insured and the insured may be ignoring them.

 

[lorrieduke]

It's only been two weeks

 

[djs]

They usually give their insured a fixed period of time to respond, as long as 30 days or so. Things happen. I've had insureds have a collision on their way to the airport for an out of country business trip, took a while to get hold of them, it happens.

Most insurance companies, if their insured is non-responsive, will make a determination based on other factors after the set period of time. Its more than just whether or not the driver is covered (though that is a basic first step), it is also if they accept the liability or not. Frequently things aren't as clear to an adjuster as they are to the people involved in the accident (i.e., both drivers claim the other driver was clearly at fault).

Your best option, if you don't want to waste time waiting, is to file the claim through your insurance and then let your insurance deal with the other driver and their insurance.

Dan

 

[lorrieduke]

Thank you and that leads me to my next question.. I was a passenger in the not at fault vehicle which has full coverage including uninsured motorist bodily injury. Will they pay my medical bills? (I mean the insurance company covering the vehicle I was in) and what about pain and suffering? I broke two ribs. I'm unemployed so no loss of work but my quality of life's been in the toilet since it happened. Can't sleep, can't hardly walk or move. Just breathing hurts.

 

[ToddC]

You should really pick on thread you started and keep your posts to that thread.

The other carrier does not yet know if there is coverage. They are allowed to complete their investigation prior to extending coverage. They need to be able to show that they are actively seeking the information they need. If they send a contact letter they may wait 2-4 weeks. They may then reserve their rights not to offer coverage and give their insured another 30 days to respond. It all depends. Many states require that they keep you informed every 30 days as to the status of the claim but many adjuster don't do this. I'd say this issue would usually take 60-90 days to clear up (usually closer to 60)

You mention that the carrier for the vehicle you were in has UMBI. As such, you should put them on notice of the coverage issue on the other person's insurance and have them open a UMBI claim. This way they can do what they need to do at the same time the other carrier is determining if their is coverage. You may want to see if you can find out what the other person's Bodily Injury limits are. If the UMBI limits are the same or higher, then you should care less if the other carrier denies coverage.

The vehicle you were in... does it also have UIMBI? That is, Under Insured Motorist Bodily Injury coverage? If it does, send a letter to the other person's carrier asking them to notify you if of the BI limits and/or if they think the BI limits might be an issue. If the other person's Bodily Injury limits are not high enough and the policy for the vehicle you were in has UIMBI then the UIMBI carrier needs to be involved. You cannot accept a policy limits issue offer from the other person's carrier unless the UIMBI carrier agrees to the settlement (which they will).

Find out coverage and the limits on everything first.

 

[djs]

In California, for the drivers UMBI coverage to kick in, there has to be a denial for lack of insurance on the other drivers part, with a fault determination that the other driver is at fault, then it should extend coverage, yes.

In the meantime, if the driver of the car you were riding in carries medical coverage on the car, this will extend to you automatically. Its usually a lesser amount (I refer to it as first aid coverage), but it does help. Not everyone carries this, but many do.

Dan