My agent did not turn in the claim like he said. Two days later the other party filed a claimed against me with my insurance. Is there anything going to look bad on me? IS there anything I can do about it? Very upset with agent!

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Feb 28, 2018

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Insurance Question from Capehart, IN

Asked on 02/28/2018

My agent did not turn in the claim like he said. Two days later the other party filed a claimed against me with my insurance. Is there anything going to look bad on me? IS there anything I can do about it? Very upset with agent! My stepdaughter wrecked my car on FRiday night hitting a parked car. Monday her insurance notified me that my insurance was responsible. I called my agent Monday afternoon and asked he turn it in. He stated he would. Tuesday afternoon, the other party called my insurance and was told I did not turn it in and they could file a claim against me. What can I do about that? My agent said he could not do anything until he received police report. I am very upset.

Answer given on March 11, 2018

Insurance follows the car in automobile incidents, so it correct that your insurance is responsible for the damages to the other person’s car.  You properly reported the claim to your agent so there should be no problem in the handling of the claim. Even if the other party shows as having reported the claim first, it will have no effect on your insurance.

Most insurance companies do not start work on a claim until their client reports the claim, so even if it was reported by the other party, no action would likely be taken until your report came in. Your agent is incorrect saying he could not do anything until a police report. He could go ahead and present the claim to the claims department. They will then proceed with getting a police report, if one was made.  

If you are continuing to have issues with the agent, simply contact the claims department from your insurance company and work directly with the adjuster. They have the final say in how the claim will be settled.


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