On June 14th, 2008, I got into a car accident on 45 S, right before the 610 exit. The guy hit me from behind due to traffic coming to a slow down as it usually does at this location of the freeway. The next day I called his insurance company (United Auto), and filed my claim. About a week after that, they called me and told me to go to some car dealership on 59, and get my car checked for damages. Did that, and they gave me and estimation, and said a check should be coming in the mail... Fast forward to today, and she claimant denies my claim, and said there is a discrepancy between what I said, and what he said. The funny thing is, the guy who hit me said it was his fault because he hit me from behind. The lady from United gave me her supervisors extension number, but said he wouldn't be "in" today. So my question is, what do i do? Since he hit me from behind doesn't that mean it's his fault, or is this a common myth? Thanks in advance.
no police report when the accident happened?..... by law, because you were in front of him, its technically his fault since he can see you better.... dont back down
Well, I felt like since he did hit me from behind a police report wasn't necessary. This may be a stupid question, but is there like an actual law, on paper that I can find that says that?
You should find out what he's telling his insurance company. No insurance company is going to argue that it's not his fault if he rear ended you, it would just lead to them wasting money going to court for a case they know they will lose. If you have pictures of your car or the estimate from the dealership that should list what was damaged it will help you show that he hit you from behind.
I asked the adjuster what he said, and she wouldn't tell me. I do have his number, but I don't know if I should call him directly. And she KNOWS that he hit me from behind, she just said it was my fault. The conversation was ridiculous. She said it was my fault because I went into his lane, but I was there for a good minute, but since I don't remember exactly if his car was behind me, its my fault?? Makes no sense at all...
Dude, I ran into a car that was PARKED in a freeway lane cause they were changing a tire just a couple days ago, and I know that I'm not getting **** from that idiot, so I know that you should definitely be covered since your situation is way more cut and dry.
Who is she to tell you who is right or who is wrong. She is not law enforcement. If she says that you are wrong then ask her for her police badge otherwise tell her to stfu.
You need to call your own insurance company and ask for assistance before you get completely screwed over. Don't file a claim -- just ask for help.
Yeah, the name "United Auto" smells like a company that thrives on jerking people around. I know plenty of people who have to throttle it out of those lower car insurance companies. Definitely call your insurance.
File a written complaint with the Texas Department of Insurance and cc United Auto. http://www.tdi.state.tx.us/consumer/complfrm.html
Next time call the police. Even tho are not needed at the scene of the accident. Make sure they come and file a report anyway. Would save you a lot of time without the " He-Said, She-Said" BS.
Stick to your guns. He had a failure to control his speed. Don't try another route. There's no police report, and you said your story first, so you're up on him that's what she said.
Were there are any witnesses? Without witnesses AND a police report, it is his word against yours and I know its hard to believe, but HIS insurance company is going to give him the benefit of the doubt over you (and your insurance company would do the same for you). You can file a complaint against the carrier, but it won't likely change their decision. As long as they did an investigation, there is no "bad faith" that can get them in trouble with the TDOI. File a claim with your own carrier. They will look look at both vehicles, just like his carrier did and make a decision. If your carrier's conclusion is that he was at fault and had supporting evidence, then they can subrograte against the other carrier.
Call your insurance company. They will help you get the other insurance company to pay or they will fix your car for you and then get the other guy's insurance company to pay them back.
Your best bet is to call your insruance company so they can get on United Auto's ass. I have dealt with United Auto Insurance a whole lot because im in the car business and they are by far one of the crappiest insurance companies out there. Sure you got the supervisors name, but you will NEVER get a hold of them. Leave messages, your calls will never be returned! Whoever your inusurance provider is, normally will fix your car and file a claim on their behalf. Once the repairs are complete they go after the other insurance for monetary damages. Your best bet is to let both your insurance company and United Auto fight it out.
If you do not have a police report, witness statements, or other independent evidence of their driver's fault, call your own carrier. Dealing with any insurance company is a pain especially the smaller carriers. They will do anything to deny your claim. Do not give up that is what they want. Keep pushing.
The one thing I've learned from all my experiences in dealing with auto accidents is that unless you are claiming an injury from the accident, the opposing insurance company will do everything to not pay you. Your best course of action is to file it with your insurance, have them cover the damages, and hopefully they can recover that amount from United Auto. Of course if you claim injury, hire a lawyer. That will get an insurance company to pay in such a clear cut case. The only time I've had an insurance company cover damages in a timely fashion was when I had a real neck injury. I still had to hire a lawyer just to get them to even to speak to me. My latest accident, I was hit by a delivery truck running a red light in which the other driver was even given a citation by police. The car behind me volunteered to be a witness. I was probably 3 feet from getting killed, but honest me, I didn't claim injuries. Took over a year to get their insurance company to finally pay (went to arbitration with my insurance company). I had some lawyers solicit me to claim injury . Should have done it. I will NEVER claim that I was unharmed in a major accident again.
it'll end up like this you'll pay the deductible for the repairs to your car, and you'll be pissT for a week, but now you'll know to always call the cops and get a police report
