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I was recently the victim of a Hit and Run by a driver that is insured by State Farm. The driver was arrested for DUI as well as other pending charges.

After, what seems like doing everything for State Farm, including obtaining a copy of the Police report for them, they still will not claim liability for the damage to my car. When I call, they state they have not heard from their insured, and while many attempts and letters have been sent, they still insist on waiting to hear from them. The police report clearly states that this person was arrested, as well as was charged with hit and run. Meanwhile, I am still driving around in a damaged car.

The accident happened nearly 3 weeks ago. The report clearly states that this person tired to pass me while driving in the middle of the road and then proceed to turn right into my vehicle, thereby hitting my car and causing left front fender damage to my vehicle. I clearly would just like my car fixed, I have already received a quote for repair by an authorized State Farm Body Shop. Of course, I won't receive anything for the deprecation value this accident has not caused to my vehicle.

State Farm hasn't even had estimator call us. If I file with my insurance company, there is no guarantee that my rates won't go up, even though I'm not a fault.

If you would like, I can also send you the pictures of the open liquor and pictures of the officers giving your insured the sobriety test. But clearly, anyone who can Google can look up what an 11-501 arrest is for, which is clearly stated on the accident report.

Reason of review: Poor customer service.

Preferred solution: Deliver product or service ordered.

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Guest

I use to work for State Farm and if what you are relating is true it is very unfortunate. I would say the adjuster is guilty of bad faith for not handing this in a timely manner.

Sometimes you just can't wait on an insured to respond. It appears you have supplied enough information for them to make a decision. You indicated that you could not make a claim for diminished value. I would disagree with that.

If you have a newer car you most certainly can make a claim for diminished value. In addition if the party was drunk there is also the possibility you would be due punitive damages. You don't have to be injured to claim punitive damages State Farm may not want to pay punitive damages but in my opinion you would still be entitled to them. The best way to get management involved and send a message to the adjuster and the company is to file a state board of insurance complaint.

This will get their attention.

The adjuster will have to explain his handling to management and not one but two levels of management will have to sign off on the response to the state board. Good luck.

Guest

If it was a dui, they might not get in touch with their insured for months, if ever. After all, the guy could go to jail, and I don't see State Farm as a proactive enough company to chase down a guy in jail, just for a statement.

And his instance company isn't going to be in any hurry to pay out money. My advice is like the others - get in touch with your insurance company. It's unlikely that calling them will have any effect on your rates.

Btw, I'm surprised they're behaving like that, because I've been in a few accidents similar to yours (the other party was at fault and was under the influence of something - they actually went to jail in both cases). I dealt with the other party's insurance company in both cases, and both times, the insurance company couldn't have been more friendly and helpful.

Maybe you just got stuck with a bad claims agent. You could always try going around them, if possible (either get their supervisor, or find a general customer service number and ask them who you can talk to if you're not happy with your claims agent).

My opinion - you've been way too patient and too accommodating already - they should have been paying for a rental car for you, and every day they put you off, they're saving themselves the cost of the rental.

Good luck! I hope you get it all sorted out!

Guest

Try going through your own insurnance company. They subrogation claims, and if it clearly wasn't your fault, they understand and won't increase your rate.

In the mean time, they can cover your rental car costs if needed or have your car repaired with the assumption that they will get money back from the other insurance company.

Also, they will fight for you, on your behalf, saving you time and possibly money. If this doesn't work, you can always call your states insurance commissioner or attorney general and file a complaint.

Guest

Insurance companies do not automatically accept liability without full investigation. While it may be clear cut what happened at the scene, how and if coverage applies is a completely different matter.

Police reports are only one piece of the puzzle. They provide information from the scene and that info is taken into consideration.

There are multiple factors that determine the acceptance of liability. Did the owner of the policy have this driver listed?

Did the owner of the policy give this driver permission to drive? Was the driver a member of the primary insured's household? Was the driver borrowing the vehicle? If so, for how long and for what purpose?

Was the vehicle being used in the course of business? These questions are only the tip of the iceberg. Was the policy in force? Was the last payment late and close to the cancellation date?

So many questions. That's why it is considered an investigation.

When the full investigation is completed, you will receive their acknowledgement and the results of their findings. This is the case of every insurance company, including yours.

When you contract with an insurance company, you have hired them to defend you and make decisions on your behalf. They are providing defense for their insured, exactly how yours would do for you.

At this point, it's clear you're the claimant, not their insured, therefore, they do not work for you. Because you have chosen to use the insurance carrier that has their insured's best interest in mind, the burden of proof is on you.

Call your insurance company. Let them do the legwork. That's what they're there for.

Yes, you'll be responsible for your collision deductible and yes, it could go against your claim history. In the end, if the subrogation is denied, you'll have the choice of small claims court.

Guest
reply icon Replying to comment of Guest-1184742

What a bunch of ***

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