This doesn't happen often, but it does occur. If you have collision coverage, you would be wise to go through your own policy. I know that means paying your deductible. But it is the quickest, easiest, cheapest, and least stressful way to resolve the matter. And if your insurer recovers on a subrogation claim, they will refund your deductible. And yes, get your car off that lot. If the insurer denies your claim the repair shop will come looking to you. Good luck.
The author of this post is licensed to practice law in the District of Columbia, Maryland, and Virginia. This post is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.
In situations like this, where there are conflicting stories, the insurance carrier generally has a "reasonable" time to investigate. Depending on how complicated the issues are, this may be a shorter or longer period of time.
The quickest way to resolve your problem may be to pursue the claim under your own collision coverage, which should be a much shorter process, since liability and conflicting stories are not an issue under collision coverage. If you do not have collision coverage, you have an obligation to mitigate your damages. You should work an agreement with the insurance carrier so that, if you do not have collision coverage, and you pay to have the car towed so as not to incur storage charges, the carrier should agree to pay for this towing away from and then back to a repair facility.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
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