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Insurance adjuster taking 20 days to find out who is at fault in accident

Bellevue, WA |

Was hit over 3 weeks ago on passenger side door. Guy backed into my door while pulling out of driveway, case seems pretty cut and dry. Still do not have a written estimate, nor a date to bring into body shop to have car fixed. I cannot drive the car as alignment if off, nor am I able to rent a car as I am not 25(WA state.)

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Attorney answers 3

Posted

If you have insurance, contact your carrier and ask for their help. Have you taken the car in for an estimate? If so, call the shop and ask for the estimate.

Asker

Posted

Ok thank you for your answer. I have received an estimate from the insurance company from the other party. On the estimate it stated that they are still investigating who is liable. I have a copy of the police report and the other party was cited for unsafe backing. I only have basic liability for my car so I am not able to take it in and have my insurance pay for the repairs. Isn't it pretty cut and dry for determining the other party was at fault? Also can I take it into body shop now and have the repairs started while liability is still being investigated ?

Kevin Coluccio

Kevin Coluccio

Posted

No, it is not cut and dry because the police is in your favor. Many times the insurance company disputes the conclusions of the police reports. You could start the repairs, but, you would be required to make payment for them.

Posted

Sorry to hear about your accident, and sorry to hear that the insurance company is playing games. Sadly, you should be prepared for a few more of their tricks.

The insurance company is in business to make money not pay out claims. They're going to do all that they can to avoid paying for your damage. On top of it all, the guy who hit you may have told them a bogus story about what happened. The insurance adjuster is allowed to believe that lie even if it's obvious.

You don't have to use their repair shop. You can take your car to any body shop you want. The other guy's insurance company will tell you that if you take it to their "preferred" body shop, they will pay immediately. It's a scam to send you to a place that uses cheap Chinese replacement parts and cuts corners on repairs to save the insurance company money.

There are things you should do first: 1) Get an accident report from the local police department; 2) Go the hospital if you are in any discomfort as a result of the collision; 3) Don't make any statements to the other guy's insurance company about what happened and how you're feeling; and, 4) Talk in person with an experienced Personal Injury attorney. You need to protect yourself and your wallet.

Any of us will give you a free consultation to discuss your rights, and what should happen next. Good Luck!

Asker

Posted

Ok thank you for your answer. I have received an estimate from the insurance company from the other party. On the estimate it stated that they are still investigating who is liable. I have a copy of the police report and the other party was cited for unsafe backing. I only have basic liability for my car so I am not able to take it in and have my insurance pay for the repairs. Isn't it pretty cut and dry for determining the other party was at fault? Also can I take it into body shop now and have the repairs started while liability is still being investigated ?

James Edmund Oliver JR

James Edmund Oliver JR

Posted

It sounds pretty cut and dry. You can either wait for the insurance company to agree to pay you, or you can sue the guy who hit you. Whether you go to Small Claims, or sue him in District or Superior Court, it's probably faster to wait on the insurance company. Are there any witness statements you can get from people who saw the collision? I wouldn't have the work done now unless you can afford to pay the shop. What happens if you take the car in now, and have to wait three months to get paid? The repair place will likely hold your car and charge you storage until they are paid. Not a pretty scenario.

Posted

If you have auto insurance then contact them and start the process of getting your car fixed.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

Asker

Posted

Ok thank you for your answer. I have received an estimate from the insurance company from the other party. On the estimate it stated that they are still investigating who is liable. I have a copy of the police report and the other party was cited for unsafe backing. I only have basic liability for my car so I am not able to take it in and have my insurance pay for the repairs. Isn't it pretty cut and dry for determining the other party was at fault? Also can I take it into body shop now and have the repairs started while liability is still being investigated ?

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