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How should I deal with the auto insurance company to protect my own benefit?

Chicago, IL |

On 1.26, Saturday, my car was hit by a Chevy Silverado at a parking lot. Nobody was injured, no damage to the Chevy, some damage to my car. I got the troublemaker's insurance card, which was with Founders. The Chevy and the auto insurance were registered under a lady's name, the troublemaker said that's his mother. I got his phone number and took some pictures and left. My own insurance was with Geico liability coverage, so on Monday I contact Founders and got a claim number. But later they said they couldn't go through this claim until the troublemaker make a statement. And If he failed to do that, I shall take the whole loss by myself. Now it's two weeks and I still haven't gotten any updates from them. What is worse, it seems that the troublemaker has changed his phone number.

Attorney Answers 6

  1. Founders plays games like this all the time. I suggest you either put it through your carrier to avoid the hassle or find a lawyer who handles property damage cases.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

  2. I agree with Mr. Hoffman. Contact an attorney to assist you.

  3. You will have difficulty finding a lawyer who handles property damage claims. You can always file your own lawsuit in small claims court.

  4. I suggest you contact a supervisor at the adverse carrier's office and demand that they make further attempts to resolve the claim and contact their insured. If you don't receive a satisfactory answer, you are free to file a complaint with the Illinois insurance commissioners office about their dilatory tactics.

    If you have collision damage coverage, that may be a quicker and easier avenue to pursue at this juncture.

    Legal Disclaimer:

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    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 ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

  5. Regretfully founders is a terrible company but this is a situation even other carriers face because most policies have a cooperation clause that requires a statement from the insured before they accept coverage. Founders is entitled to verification that the sister gave him perspmission to drive her case.

    Because it could be costly and time consuming to file a small claims case, you might put the claim under your own policy if you have collision coverage and let geico fight with founders. If you don't have collision coverage or the damage is less then your deductible, you will have to go after the other driver. The first thing to do is get founders to keep trying to contact them. You can also try contracting the sister if you can get her name and address and make her aware that both she and her brother need to contact founder ps or you will be forced to file a lawsuit agains both of them. If you cannot reach them or they won't cooperate, then you can either drop the matter or file small claims case on your own or hire attorney to do it.

    Good luck

  6. Simply have your own insurance carrier resolve this, and save yourself the aggravation.

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