Car accidents and lawyers...

[BEphoto]

My wife and I were in a car accident a week ago today (last tuesday, the 8th). We were traveling in the right lane, about to go through an intersection when a lady in the left lane (going the same direction as us) suddenly decided she needed to make a right hand turn. She turned right in front of us and that was that. She admitted fault to the police officer.

Now, I came home, called my insurance and made the report and all that mumbo jumbo. Our car is totalled, and for the last week have been stuck without transportation. We can't rent a car because we dont have a credit card, but apparantly they can use the insurance claim number instead once the other insurance company accepts liability.

Here is the problem I'm having....

Their insurance company is doing absolutely NOTHING to keep me in the loop. I heard from them one or two times on tuesday and wednesday of last week, right after the accident happened. That was basically just to get our statements of the wreck, etc. After that, I have heard absolutely nothing. I left messages for them to call me back on Wednesday, Thursday, and Friday, all around noon, and called multiple times. Not once were any of my calls returned. I called back yesterday to speak to the adjuster's manager, and she is conveniently on vacation until next monday. I then went above her and called a different higher manager and explained my situation, that i was trying to get an update on what was going on, if anyone had been out to appraise my car, what the status was on the claim, all of that. She said that she'd email my adjuster and have him call me asap.

He finally calls me back yesterday and says that the reason he has not called is because he cannot get ahold of the lady that cut us off to get her statement, so the case is just on hold. He said that until they get the police report, they cant do anything. I called the mansfield PD and asked how to obtain a copy, and they informed me that all i had to do was go to their website and put in the report number. I quickly found it, saved it and emailed it to the adjuster yesterday afternoon, hoping that we can now get this case rolling.

Today, still nothing from them. No return email, no phone call like I had asked, nothing. I called again today and only got his voicemail as usual, but no return call.

So, now I'm considering taking legal action, but I dont really know anything about how that works. My wife and I are having to share a car with my sister, which is becoming more and more complicated every day, considering that I work in Dallas and she works in Mansfield, and my sister is in school on Monday and Wednesday from 12-2. So, needless to say, Im extremely ticked at the moment and my fuse is getting shorter.

Have any of you ever gone through a lawyer for car accidents? Do I have any kind of case at all against these people? I've done everything I can do to help them out, and am getting nothing but voicemails when trying to find out any updates. If you have used a lawyer, maybe shoot me a PM with a recommendation if you have any. I dont really know where to turn from here.

Sorry for the long windedness. I really just needed to vent. Felt good actually. The last two weeks have been nothing but aweful for me and i really need a light at the end of the tunnel, and soon.

Thanks for any info.

Brad

[J Eddington]

Have you contacted YOUR insurance company? Start there.

[BEphoto]

Yeah, I've been in contact with my insurance from
the beginning. They have been trying to get ahold of them as well, but with the same results I'm getting.

[BWangPhoto]

Call the Texas Department of Insurance and talk to them and file a complaint.

http://www.tdi.state.tx.us/consumer/cpportal.html

Only way to fight these insurance theives. They take your money and never pay out.

[BEphoto]

Originally Posted by BWangPhoto

Call the Texas Department of Insurance and talk to them and file a complaint.

http://www.tdi.state.tx.us/consumer/cpportal.html

Only way to fight these insurance theives. They take your money and never pay out.

Never even heard of that. I'll definitely check it out tomorrow.

As far as getting a lawyer, im not at all one of those people trying to get $100,000 out of this or anything. I just want my case to move along so that i can replace my car. Just didnt want anyone to get the impression that im going to be calling the Texas Hammer or anything and claiming to have lost half of my brain or something.

[ElanR]

Contact your insurance company and let them know you decided to file the claim with them. Let them take care of the repair or settlement right now. They'll then subrogate the claim to the other party's insurance company. You will be out your deductible up front, but when your insurance company collects, they'll also recover your deductible for you.

[BWangPhoto]

Originally Posted by BEphoto

Never even heard of that. I'll definitely check it out tomorrow.

As far as getting a lawyer, im not at all one of those people trying to get $100,000 out of this or anything. I just want my case to move along so that i can replace my car. Just didnt want anyone to get the impression that im going to be calling the Texas Hammer or anything and claiming to have lost half of my brain or something.

I had an accident a few years back and the woman was clearly at fault. Entering a major street from a private parking lot and hit me. Really messed up the car. Her insurance company was dragging their feet and wouldn't answer my calls for a rental etc. until I filed a complaint on them. Next day I had a rental lined up and they were all nice and reandy to take care of my problems.

BWangPhoto added 4 Minutes and 27 Seconds later...Double Post Merged Below

Originally Posted by ElanR

Contact your insurance company and let them know you decided to file the claim with them. Let them take care of the repair or settlement right now. They'll then subrogate the claim to the other party's insurance company. You will be out your deductible up front, but when your insurance company collects, they'll also recover your deductible for you.

Depends on his policy. If his policy covers the rental under collision then he can get a rental with nothing outta his pocket. IF your collision policy doesn't cover a rental...the you still have to PAY for the rental and that will not do him any good at this point.

You file it under your policy, you are bound by the terms of your coverage (collision) not the liability of the other drivers policy. The other policy HAS to furnish you a rental. Your policy does not.

[Truckman]

Originally Posted by ElanR

Contact your insurance company and let them know you decided to file the claim with them. Let them take care of the repair or settlement right now. They'll then subrogate the claim to the other party's insurance company. You will be out your deductible up front, but when your insurance company collects, they'll also recover your deductible for you.

That's what I had to do the last time I got hit...The twist was both insurers were Allstate...I had to pay $1,000.00 deductible which I got back after Allstate sued Allstate and won...Yes, I dropped Allstate after that......Ben

[Digigeek]

Unless you are seriously hurt lawyers will not take the case on a contingency fee basis - you will have to pay an hourly fee for this which you will never get back. I would suggest handling it through your insurer and be done with it.

[High_Boost]

I hate dealing with insurance companies..
they play these games trying to screw you so you will take a small offer when they make it, just to be done with it
then once you accept the offer, you will only be allowed to rent a car for a couple of days.. they suck..

if you carry full coverage, the only good answer is to let them handle it.. your insurance company will take care of you, then they will pay for the lawyers and whatnot to get their money back
the other lady's insurance adjusters will do anything they can to pay out less, that is their job.. unfortunately that means screwing the victim

[toverman]

Insurance companies are supposed to handle these things. Sorry to hear the other company isn't fulfilling its promises.

My wife was involved in two wrecks about one month apart (don't ask). We were kept somewhat in the loop, but the first wreck was among five cars, nearly all with different insurers. Our agent (Allstate) handled the claim from start to finish.

The second wreck, we were more involved. My wife had to make a statement to the other insurance company (State Farm). What really burned my cookies was that the other driver called our house complaining about something. We called his agent and told him to relay the message that kind of behavior was unacceptable. Claims settled, no longer an issue.

[CaptainTom]

Accident !

[ldelacruz]

Originally Posted by ElanR

Contact your insurance company and let them know you decided to file the claim with them. Let them take care of the repair or settlement right now. They'll then subrogate the claim to the other party's insurance company. You will be out your deductible up front, but when your insurance company collects, they'll also recover your deductible for you.

+1

I know it sucks but they have policies they have to follow. Another thing is that your insurance company may only pay an allowance towards a rental car. Sometimes only $15 to $20 per day so check before you rent an SUV and get stuck for the extra $60 a day.

[J Eddington]

And just for the record, getting an attorney will NOT speed things up. It will take MUCH LONGER!!

[ka5txl]

Originally Posted by j Eddington

and Just For The Record, Getting An Attorney Will Not Speed Things Up. It Will Take Much Longer!!

+1