Should I be seeking legal advice?

monkeysip

Hey ladies,

This is kind of a rant/plus a question.

Some guy hit me on the freeway on the 6th of this month, and totaled my car.  

I've never had to deal with this before, so I'm kind of clueless.  The guy who hit me had a company truck, and so his company had insurance (Hartford).

I filed the claim... and I didn't hear back (they said they'd call me in two days).  I was crazy busy and finally called on the 16th.  The lady handling the claim said that they still hadn't gotten in touch with the driver who hit me, but she'd call me back and she would authorize their company to at least get an estimate on my car, so they'd be ready to handle it once they determined liability.

I didn't hear back from her, so I finally called on the 22nd.  She's out of town until the 26th (today).  So I call today, she's still not answering (and her voicemail message says she cannot receive messages or emails while she is away).  The guy from the body shop called me today and said that they haven't heard from the Hartford, i.e.... no one has gone out to get an estimate like the lady said they would over a week ago.

I'm just worried because it's been 20 days since my accident, and there's been nothing accomplished.  I don't know how long this stuff normally takes, but I just figured I should have heard something back.

Would you seek a lawyer or something in this situation?  I'm clueless and I have no money at all, but I don't want to get screwed.  

This guy totaled my 2011 car

I'm just upset... thought maybe someone could reassure me or tell me to call a lawyer.

monkeysip

BTW this is kind of a P&R, but I'll be back in a few hours.

Smash Adams

Are you dealing directly with Hartford?  You should contact your insurance company, explain to them what happened, and they should be able to handle it from there.  My understanding is that they'll pursue the claim with Hartford themselves.  You should have notified them of the accident regardless.  I'd call your insurance company and explain what's going on.

[Deleted User]

I would. It sounds like you're getting the runaround. Did you get a police report and all that at the time of the accident, or any kind of documentation?

I'd probably also leave a message (if I couldn't get ahold of someone) to say that I would be seeking legal representation if I didn't hear back within X amount of time to light a fire under their ass. And hire one anyway.

musicalsunlight

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_should-i-be-seeking-legal-advice?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:a24037bc-7254-4806-9da0-5477005633d7Post:4cecabd5-1585-4833-ae92-b396d5d83d64">Re: Should I be seeking legal advice?</a>:
[QUOTE]Are you dealing directly with Hartford?  You should contact your insurance company, explain to them what happened, and they should be able to handle it from there.  My understanding is that they'll pursue the claim with Hartford themselves.  You should have notified them of the accident regardless.  I'd call your insurance company and explain what's going on.
Posted by Smash Adams[/QUOTE]


Yeah I am with Smash on this one. I would not go to a lawyer yet. I have been in several accidents where I filed the claim with my insurance company and they went after the other insurance company for me. Get your insurance involved, it will likely expedite the process.

Matty143

Definitely get your insurance agent involved, they should be calling and taking care of this for you.

I had an accident a few years ago, where the woman refused to give me her insurance info.  I wrote down her licence plate info and gave it to my agent. They called her and took care of everything from there. I got a check in the mail when it was done.
Good luck!

mbody

Ditto to calling your insurance company. The two companies should be handling everything.

alynne1113

Call and ask for a manager ASAP
. If the adjuster isn't helping do not be afraid to go over her head. If you have coll & comp coverage your insurance company should be involved. If you only have tpl and there is an issue of fault (which it doesn't sound like) your company will get involved to determine fault. The LEAST your company can do is send a demand letter even if you don't have full coverage, I would send one for my client in this situation.

Blueyed228

Diito calling your insurance company.  They are the ones who should be handling this for you.

polichik

Everyone else covered calling the insurance company. Someone totaled our car last summer, but it was a hitandrun while it was parked on the street, so there was no other insurance company to contact. State Farm cut us a check within a week. That's what they're there for don't be afraid to have them take care of all of this.

jemmini6

Broken record, but contact your insurance company.  If you have full coverage, they'll pay out now and go after the other company to reimburse them.  There's no reason why you should have to wait this long to get your car fixed.

monkeysip

Well, from the very beginning I called my farmer's ins agent and he said they can't represent me. I do have full coverage, but I guess I don't have that. I called my agent today after posting and he just told me to contact a supervisor at hartford. I'm going to try that when I get home soon, and go from there. They haven't made a claim against my insurance so it's not like they're claiming I'm liable. And the police report should reflect the other driver's fault. I think they're just reeaallyy dragging their feet.

polichik

In Response to Re:Should I be seeking legal advice?:[QUOTE]Well, from the very beginning I called my farmer's ins agent and he said they can't represent me. I do have full coverage, but I guess I don't have that. I called my agent today after posting and he just told me to contact a supervisor at hartford. Posted by monkeysip[/QUOTE]that makes no sense to me that they can't represent you. Isn't that the whole point of having collision insurance?

Stina51286

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_should-i-be-seeking-legal-advice?plckFindPostKey=Cat:Wedding BoardsForum:17Discussion:a24037bc-7254-4806-9da0-5477005633d7Post:cead34d0-d5de-4c8c-8454-ad9124e6d1b2">Re:Should I be seeking legal advice?</a>:
[QUOTE]<strong>Well, from the very beginning I called my farmer's ins agent and he said they can't represent me.</strong> I do have full coverage, but I guess I don't have that. I called my agent today after posting and he just told me to contact a supervisor at hartford. I'm going to try that when I get home soon, and go from there. They haven't made a claim against my insurance so it's not like they're claiming I'm liable. And the police report should reflect the other driver's fault. I think they're just reeaallyy dragging their feet.
Posted by monkeysip[/QUOTE]

This makes no sense. This is one of the reasons you have auto insurance. There should be a claims number on your card or your billing. If in fact your own insurance company "cannot represent you" 99% of the time you can go after them also for not complying with your policy. This is the first time I have heard of a company saying they cannot represent their own policy holder and if they don't help you then, yes, get an attorney (I work for a personal injury attorney and we deal with all kinds of auto insurance and I have not yet run into one that will not help their own policy holder, your fault or not).

monkeysip

OK, I called the Hartford and got the name and number for a supervisor above the adjustor working on my claim, and surprise surprise, she didn't answer he phone either, so I left a message.

I do have collision coverage on my car, so I don't know why my agent isn't handling this.  He and I are chummy, on a first name basis, so it's not a personal thing.  I'm thinking maybe I should call my insurance's corporate number, not the local agent, and ask them why they won't represent me on this.

Again, I'm so clueless, I didn't realize that your insurance agent normally takes care of this stuff.  I thought I was supposed to do it all.

Thanks for all the advice.  If the supervisor at the hartford does not call me back by tomorrow, I'm going to contact their corporate office. 

Good idea about calling the employer.  It's a small company though, and on their little amateur website, it lists a VP, a president, and a VP of sales.  Who should I contact?  Or just call the main number?

monkeysip

I have no idea about my car.  They haven't told me that they're charging a fee, but I suppose they probably are.

I just got off the phone with my insurance company and they said if I want I can file a claim through them.  Is that what I want to do?  I don't understand what filing a claim through my insurance for this even means, since it's the other guy's insurance at fault.

The guy was so wishy washy about it--"you can file a claim if you want, but you could just handle it through the other insurance, it's up to you."  WTF... I need advice here.

Business hours are up now for calling the local insurance people, but I guess I could still call the 1800 number for claims for the Hartford.

I effing hate calling people, and I'm just about the least assertive person ever.

I know I need to just put my big girl panties on and do it.

monkeysip

I just filed a complaint with the Hartford, but didn't get any help.  Apparently they won't deal with me, just the local branch (which is closed).

Tomorrow I will hopefully get somewhere with these people.

Gah I'm so annoyed.  Sorry guys.  Hope everyone is having a good evening.

littleshrink

I had an accident last summer and it took 4 months for insurance to work all their "kinks" out.  I was SO annoyed and think I lost my temper more than once.  I wish I could say, yeah agent handles all.  Nope, we actually were the ones handling agents, my finance company (I only had 6 months left on loan), insurance, police reports.  I was so tired by the time it was all said and done I just didn't even care about finding a new vehicle.  It's exhausting to say the least.

I hope you have better luck tomrrow......

monkeysip

Thanks, littleshrink.  

4 months?  Geez that's frustrating.  My biggest worry is not having to wait so long, but that somehow the insurance company will say there's some little loophole/bullcrap excuse/misstep on my part that means they don't have to pay.

monkeysip

Nope, not injured (thank goodness).  Yes, I'll call the department and get the police report and get an estimate from the shop.  The guy already told me he thought it was totaled, but I'll get something in writing from him.

LaceyH13

I don't usually post here, but saw your predicament and have some advice. Call your state insurance department. They should have consumer reprentatives that can probably do more than even a lawyer could, and you don't have to pay them anything. Trust me when I say insurance companies do not want their names in the office of the Insurance Commissioner, because that's the office that can truly screw with companies. So if a representative calls and says there is a problem, the company will probably bend over backwards to fix it.

tiffad

Definitely do what Lacey said. That is great advice.

Next, you need to file a claim with your insurance and your insurance should definitely be representing you. The only issue is considering how you've been treated thus far I wouldn't trust them very much and start looking for another insurer.

I also hope you have been writing down all the times you have contacted who, about what, when you've left vm, etc. If not, start making a log now! And get down as much as you remember. Dot has great advice and I'm going to repeat a bit but in a slightly different manner. In addition to calling and emailing you should definitely send the police report (I assume the other driver was completely at fault and cited at the scene or shortly after) and a letter with all the attempts to get in contact. Make it nice and sweet, no threats, just that you are expecting contact within say three business days. Just in case it winds up in court it needs to be reasonable timeframe. Send this to the agent, the supervisor, the head a of Risk management or a VP by certified mail with a return receipt. Anyone who will want this to be settled. You want everything documented since they are screwing with you and hoping you go away. I had an issue similar to this about 7 years ago. I didn't go away, I sent them a very nice formal demand notice and magicaly I received a check for more than I was owed very shortly after. Apparently they decided they didn't want the problem to wind up in court and lose. 

Stina51286

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_should-i-be-seeking-legal-advice?plckFindPostKey=Cat:Wedding BoardsForum:17Discussion:a24037bc-7254-4806-9da0-5477005633d7Post:056bf810-8d6a-4fdc-9bda-6509fbba3a46">Re: Should I be seeking legal advice?</a>:
[QUOTE]I have no idea about my car.  They haven't told me that they're charging a fee, but I suppose they probably are.<strong> I just got off the phone with my insurance company and they said if I want I can file a claim through them.  Is that what I want to do?  I don't understand what filing a claim through my insurance for this even means, since it's the other guy's insurance at fault.</strong> The guy was so wishy washy about it--"you can file a claim if you want, but you could just handle it through the other insurance, it's up to you."  WTF... I need advice here. Business hours are up now for calling the local insurance people, but I guess I could still call the 1800 number for claims for the Hartford. I effing hate calling people, and I'm just about the least assertive person ever. I know I need to just put my big girl panties on and do it.
Posted by monkeysip[/QUOTE]

You should have done this in the first place. That is what you have insurance for. In the meantime they pay you for your car after they get an estimate or two and then they go after the other insurance company. You know that premium you pay? Thats what that is for.

monkeysip

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_should-i-be-seeking-legal-advice?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:a24037bc-7254-4806-9da0-5477005633d7Post:c4e1f1f2-4c56-4cf6-baba-fb6d7d18059f">Re: Should I be seeking legal advice?</a>:
[QUOTE]In Response to Re: Should I be seeking legal advice? : You should have done this in the first place. That is what you have insurance for. In the meantime they pay you for your car after they get an estimate or two and then they go after the other insurance company. You know that premium you pay? Thats what that is for.
Posted by Stina51286[/QUOTE]

<div>I get that now... but why didn't my agent tell me that?  I called him right after my accident, and he didn't ask me if I wanted to make a claim.  His first statement was "we cannot represent you."  So, me, being clueless, thought there was nothing they could do.  It's weird because he's always been really nice and helpful.  </div><div>
</div><div>Anyway, I do have an update.</div><div>
</div><div>I got a call this morning from the adjuster (on my house phone--why don't people call my cell?  I always leave my cell in my voicemail messages to them).  She said she still hadn't heard back from the insurant.</div><div>
</div><div>THEN... I received a call this evening... again on my house phone (I was gone from 6am to 9pm tonight), saying that she spoke to the insurant and they are accepting liability.  I just need to call her back to talk about the estimate on my car.</div><div>
</div><div>So I'll call in the morning.  Pray for good news...</div><div>
</div><div>
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