Not at fault

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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: Aug 8, 2019

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Insurance Question from East Jordan, MI

Asked on 08/08/2019

Not at fault My car was parked and unoccupied, someone was parking next to me and hit my car. I called the cops, made a police report and the person that hit me said he was at fault. He told me he was going home to file a claim. I waited 2 weeks and still didn’t hear anything. So I went and got the police report and made a claim through his insurance. They said he never made a claim. And now he will not return any of there calls for his side of story. I don’t want to go through my insurance as I don’t think that I should have to pay for anything that is not my fault. Including my deductible. So there is $2,638 in damages and his insurance adjuster called me today and said I need to send her my declaration page from my insurance before they will release my check for my car to be fixed. Why do they need that? Please help!!!’ I tried calling them back 10 times since then and left a voicemail asking why and they haven’t returned it yet. Does anyone know why esurance would need that information when I go through progressive?

Answer given on August 09, 2019

If an auto insurance company cannot get their client to respond regarding an accident that was caused by their client, it is difficult for them to properly settle the claim, or so they say.  Since you have a police report, that apparently indicates the other person was at fault, and that he may have said the same to the police officer, it does open the door for the other insurance company to proceed with the settlement of the claim.

It is unclear why the other insurance company wants a copy of your automobile policy in order to settle the claim, it is a small price to pay for them to issue a settlement check to repair your car, especially since you do not want to go through your insurance company due to the deductible. Since they have not returned your call, it may be easier to just send them a copy of your policy, blotting out any premium amounts. You could also try calling for a supervisor, but they may not be any easier to get in touch with.


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