If my daughter was involved in an accident for which she was not at fault, is it not her insurer’s responsibility to deal with the other person’s insurer to resolve this?

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If my daughter was involved in an accident for which she was not at fault, is it not her insurer’s responsibility to deal with the other person’s insurer to resolve this?

The other driver was charged with driving in the middle of the road. Now, the other company is trying to get the charges rescinded. My daughter talked to the responding officer and was told not to worry. Now she gets a call saying that a supervisor from the insurance company will be getting in touch with her.I thought that once you gave your statement your insurer dealt with the rest?

Asked on January 22, 2013 under Accident Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good thing that your daughter has insurance for the incident that she was involved in. Under her insurance contract she is required to cooperate with her insurance carrier's representative in its investigation of the claim and its possible resolution to your daughter's satisfaction. Her carrier is to deal with the other party's insurance carrier, not her.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, you must deal with the other company's insurance company unless you have hired an attorney or your insurance company policy allows it to hire an attorney on your behalf without cost to you.  You need to immediately call your insurance company, ask if it plans on hiring counsel to represent your daughter's interests or if you will be forced to file suit against the other driver, his insurance company and your own insurance company (last one for bath faith coverage).


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