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The other driver's insurance company refuses to pay for my car...What can I do?

Smyrna, GA |

I was in a parking lot and Home Depot rental truck hit me. The driver got out and ran. The investigating officer was able to find the person who had leased the truck, but he happened to not be the driver (I think it was his friend or employee). The leaser of the vehicle (not the driver) refuses to cooperate with his insurance agency. The claims adjuster from his insurance agancy had been telling me that everything was in order, however, I just got a letter in the mail saying that based on the non-cooperation of the insured in the investigation, they will not pay for the damage. It sounds like to me they can't get in contact with him. Any advice?

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Attorney answers 6


You should definitely contact an attorney to discuss this issue. The efficient resolution of your case depends on several factors that you haven't discussed (i.e., whether anyone injured, whether the investigation was completed, etc). The only way that you can get a proper assessment of your case is with a thorough analysis of all of the facts involved by an attorney experienced in this area.


In this desperation economy it is par for the course that the insurer is not paying on a valid collectible claim.

You are getting the run-around.

Hire a lawyer as your advocate. Make sure you care for your injuries and keep receipts. You have rights but you have to act (more aggressively) to protect your rights.


It should be very easy in this instance for the insurance carrier to determine who rented the vehicle. They have adjusters who can make a visit to the home of the renter and have a face-to-face conversation with him to determine the circumstances under which the vehicle was being driven at the time of this incident. It appears they may be looking for an easy way out of paying on this claim. It is typical insurance company behavior.

If you have collision damage coverage, it may be easier to process this claim under your coverage, however, you will have to contend with your deductible. If your company pays, they will probably pursue the claim and, if they make a recovery, they will reimburse you for your deductible. However, if the claim is small and the effort large, they may not pursue the claim and you may never recover your deductible.

I suggest that you may also want to file a claim against this insurance carrier with your state's Insurance Commissioner's Office, claiming that they have made insufficient efforts to investigate and pay your claim. Insurance carriers do not like to have to respond to complaints filed against them, as it affects their complaint statistics with the Insurance Commissioner's Office.

Legal Disclaimer:

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.


I believe the best course of action is to file suit. However, in order to preserve your possible "bad faith" rights against the insurance company, your attorney should put them on notice that they have not cooperated fully with you and they have not sought out their insured diligently.


Make sure you report this rogue insurer to the state insurance commissioner (in writing) and be sure to send a copy of your complaint to the supervisor of the adjuster you spoke with.

You may find it is easiest to make a claim with your insurer, pay the deductible, and, if your insurer does not pursue the deductible on your behalf, sue for it in small claims court (Magistrates Court). If the amount is large, see a lawyer.


I agree with the above answers that recommend you hire an attorney to help you with your case -- if the accident was not your fault, you should not have to pay!

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