Who is going to fix my car if the other guy’s insurance says they are still investigating?

Categories: Blog

Losing access to your transportation makes your life tough.

Have your insurance company repair or total your car.

If you have collision coverage, your insurance company will repair your vehicle or pay you if the car is totaled without regard to who was at fault. You will be required to pay the deductible amount that is established in your insurance policy. If you are later found not to be at fault the other driver’s insurance will pay your deductible to your insurance company, and they will forward it to you.


Many insurance policies make provision for the use of a rental car while your car is being repaired or while an estimate is being made to see if it care is totaled.


You may also be able to obtain a rental car from the other driver’s company after they have accepted responsibility.


You may also be able to claim lost income if your vehicle is used to make a living and is properly insured.


What happens when the other driver refuses to give any information to his company so that they can decide who is at fault?


Every insurance policy contains a clause requiring a driver to cooperate with their insurance company is investigating an accident. This is often referred to as a “duty to cooperate.” Insurance can refuse to cover a driver who does not cooperate with them. This can delay your claim for several months and depends on the amount of damage you have suffered.

Should the insurance eventually deny coverage because their insured has failed to cooperate, you are left with seeking coverage under the uninsured coverage of your auto policy.


If you are unable to settle with the other driver, a lawsuit can be filed, and a court will determine both who is liable and how much the amount of damages due.


Should I give a recorded statement to the other driver’s insurance to help resolve who is at fault?


This is generally a bad idea. Insurance companies have a financial interest in protecting the interest of their insureds. And of course, they are interested in paying as few claims as possible. When giving a statement, you may be admitting to actions that would bar your collecting. And recorded statement can be used against you years later after you have filed suit.


It is in your best interest not to talk to the other driver’s insurance adjustor in a recorded statement. Adjustors can ask you questions that you do not fully understand and push you for an answer. Insurance adjusters can ask you what is referred to as leading questions. These are questions that include an explanation. Leading questers are not permitted in court but can be used against you if you answer them in a recorded statement


I believe this situation is when good car insurance coverage makes a real difference.