This story is about my BF. I'm trying to help him but he won't listen to reason and I'm trying to figure out how $!&#@:% he is…
He was rear ended last Monday, so about ten days ago now. The driver stopped and they did an exchange of information, but he did not call the police for a report. He only took pictures of his own care and the insurance card.
He called to file a report with the other drivers insurance and the other driver is not responding to requests from their insurance.
I explained to BF that he should file a claim with his own insurance and let them handle it, but he doesn't want his rates to go up.
It's been ten days so obviously the other driver plans to do nothing IMO.
I'm frustrated and honestly questioning things that aren't relevant to this discussion… But is waiting to file with his own insurance decreasing the likelihood the accident will ever result in proving the other driver is at fault?
There is already nearly no evidence since he only has pictures of his own car and the insurance card. Is the fact that it was a rear end accident helpful to the cause at all? – thank you
Edit: To add the other driver has State Farm if that is helpful.
Rear ended: at fault party not responding
byu/Whole-Confusion-3586 inInsurance
Posted by Whole-Confusion-3586
5 Comments
You’re hitting the nail right on the head. His best option is to file claim if he’s got collision coverage on his own car right now and pay his deductible and let the insurance company see if they can pursue the other driver.
there’s likely a clause in your own insurance that you need to notify them of any accident regardless if you use coverage or not. however, if their insured is not responding then without hard evidence that that specific person was driving at the time, in that specific car, etc. then they won’t cover it because their job is to protect their insured and take their word. You guys need to use your own insurance, pay your deductible and let them pursue after the other guy for your money back. insurance companies will go to arbitration if they refuse to give their statement so yours can get their money back along with your deductible.
Some states the insurance company cannot raise your rates for a not at fault collision and many others the insurance company won’t anyway if the other vehicle is identified.
He really should listen to your advice.
This is exactly why you pay for insurance.
And so many people think using your insurance will make your rates go up but even if he filed through the other carrier, there’s always going to be a permanent record that he had a claim.
Insurance companies all have access to an ISO database so whether he settled through his own carrier or State Farm, there will still be a record of this claim.
The other carrier can’t accept liability without confirming facts with their insured. If their insured remains unresponsive, they can deny coverage altogether for their insureds failure to cooperate with their investigation.
At that point his only options are to use his collision coverage or sue the other driver directly which is more of a hassle.
I learned the hard way to always file a police report and report to your insurance immediately. Unfortunately, too many people lie or change their story after relatives or friends tell them to block you.