BiloxiGuy

Twice this year, 2 separate friends were involved in an accident where the other person was at fault. Both times, police reports were made and insurance information was swapped between drivers. Both times, the at fault driver never reported it to their insurance company and even though police reports were made, when my friends called the other person’s insurance to make a claim, the insurance’s answer was “sorry, can’t help you since our insured customer never reported it to us.” So, now the non-at-fault driver has to claim it on his insurance, pay the deductible to get the car repaired, and hope that they will eventually get their deductible back and also hope that it does not jack up their insurance rates. How is this legal?

This is in Florida, fyi.

airbrush

They should demand the other insurance company accept the report of claim.

Furbird

Never heard of such. I was involved in an accident almost 2 years ago and filed a claim with the other person's insurance. They never filed a claim to my knowledge but did pay mine. My truck should have totaled but they paid $5000 on a truck worth $5200. Probably to avoid a lawsuit since I had a witness and the passenger of the truck (who was the owner) admitted fault on the scene to me and the witness. I called my insurance first and they specifically told me to file with the other person's insurance and if they refuse to pay THEN file it on your own insurance. Part of the game I guess.

jheiii

Idk why they're calling the other insurance. I get in a wreck whether at fault or not my insurance knows. They will go after the other insurer not me. I just want my shit fixed. Police report will determine who is at fault not who calls or doesn't.

757Southpaw

This

clt_capt

No way the not-at fault insurance company doesn't go after the at fault insured.

Charlie in TX

The police report does not determine who is at fault. Fault can only be determined in court.

This is why you have (and need) full coverage insurance.

autobaun70

Wife got in a head on (glancing) wreck a few years ago. Supposed to go out of town the next day for her to have surgery, and needed to take 2 cars. Insurance wouldn’t authorize a rental because they hadn’t spoken to “their insured” who was in jail for DUI because of the damn wreck. At that point it was too late to get a rental from anywhere other than the airport, so we did. They got real pissy when I refused to go to the lower part of the state and retrieve the car to take it back to the airport.

HookMeUpII

Never heard such a thing in my life. Sounds hokey to me. Tell them YOU are reporting it and have a police report. A lot of times they won't do anything without the report but once it is provided to them, they have to act.

jobowker

I'm sure there are differences from state to state, but the bold line is the issue, at least in Mass. If you are in an accident, you file a police report, notify YOUR insurance company, and that's it. You let your insurance company fight it out. They will ultimately win because you did the right thing (insurance and police report) where the other party didn't.

Lorne Greene

Don't mess with the other guy's insurance company. Have your insurance company deal with it.

HookMeUpII

This as well. I always report to my insurance company and let them handle it. That's what I pay them for anyway.

SeaBoss21

You should live in New Jersey where we have no fault insurance. It should be called “ you’re at fault, everyone is at fault” insurance.

Cres

Had that happen I ended up going thru my Ins. After 10 days , they were found at fault by default..

signmansez

Just went through this. Wife was rear ended (look on other posts for her picture) three months ago. Company truck hit her. Our company (State Farm) gave me the option of pursuing it through the at fault's company or have State Farm take care of it and if they recover all expenses we would be made whole. Towing, rental car, deductible, etc.

Took a couple of months but we recovered all that was owed. Still might pursue diminished value but our agent said it would be a long process for little gain. It's a valid claim as our vehicle now has a big, fat CARFAX accident tattoo on it!

FishnDive

I never knew you were supposed to report it to your insurance company unless you were making a claim. I always thought that was why you gave the other person your information. I figured their insurance company would have no problem contacting your insurance company. I've been in one accident and never was notified by my insurance company what they paid. My rates went up but the process was invisible to me.

One was a rental truck with their insurance, I gave them the info and the police report found me at fault, never heard from the company or the other driver

FishnDive

They usually write one of the drivers a ticket, following too close, failure to yield, driving too fast for conditions, this determines who is at fault.

99yam40

I have called twice to the others insurance company after being hit from behind while stopped in a line of cars stopped at a red light.
both times their insurance called the policy owner and confirmed that they were at fault and that insurance company paid for my repairs.

why would you wait around hoping they would report it themselves?

jheiii

And if no citation issued often in fl I have found vehicle 1 on report is the assumed assigned at fault party

Charlie in TX

The policeman was not there to see what happen. He is making a determination based on the facts as he sees them, ie he is passing judgement. He is not a judge. It is quite easy to have that ticket dropped buy a real Judge.