You always see pictures of homes getting hit by cars, right? Well I
live in one. On Monday morning we had someone run the stopsign in front
of our house, go over the curb and go through our front door. He could
have knocked! :P
The cops came, the guy blacked out due to some medical conditions (his
father and his bosses told us this). I'm saving this tidbit for future
Anyway I called our insurance and they said there is nothing they can
do, his insurance is supposed to do all of the work. It's been 3 days
and his insurance company has yet to send someone out. I did get a
neighborhood contractor to seal up the damaged area for us after taking
a ton of pictures. Damn nice guy, he did it for free.
Now...who is to be responsible? Should our insurance company at least
make an appearance? What is the normal time to get someone out to look
at something like this? I called the loss prevention person where he
works at and she said she's been trying to get the appraiser out to see
us. I'm thinking that they have until noon tommorrow or I'm going to
seek outside help.
Outside help. Call the state insurance commissioner and/or a lawyer (if
so, what kind of lawyer)? All I want is to get this fixed ASAP.
Possible. Diabetes, lack of sleep, other problems can cause it.
Right, he has the liability.
He should give you a bill and submit it to the insurance. You have an
obligation to mitigate further damage even though you did not cause the
problem. They should pay for it.
It is not unusual for an appraiser to take a few day or more. We had to
make a claim after some flooding last October and the backlog at the time
was 4 to 5 weeks. This is not life threatening and they are probably still
trying to take care of claims in the South. Lots of claims from the recent
flooding in New Englad also.
Welcome to real life. Of course you want it fixed, but it is not going to
happen very fast. You may want to call in someone to give you an estimate
for the repairs so you have a better feel for actual cost before the
settlements you eventualy make. Better to use a contractor you are
comfortable with than some low baller that does hack work for the insurance
I agree with Edwin over the insurgents hack job guys, I had a mishap with a
car and the insurance wanted THEIR bodyshop to do the work, I said no, and
they said they would only pay a percentage of the repair if not done by
their shop. RIGHT, I said you had better check the rules on that or would
you like me to get my lawyer involved. My body shop had the check within a
week. Their body shop would have used junkyard or non factory parts, I
wanted my Toyota back to original.
I think you should wait no more then 1 week without a response, then make
another call then give another week if nothing then contact YOUR ins agent
and have them carry the ball, your paying them to take care of your house!.
If your insurance company isn't willing to fix your house when
someone drives through the front door, and the go after the
driver and/or his insurance company to recover the money, then
you need a new insurance company.
Their appraiser, who is a third party, paid us a visit today. He
pointed out a few repairs that I overlooked and was very nice. Told us
to get a quote for the work and he'd do the rest.
The person who was organizing all of this called and seemed upset that
I was calling her twice a day. I told her that I wasn't upset but
wanted an update. Close of business and you've not heard anything? Drop
me an email. I told her that email was a good contact means for me
since I travel a lot or she could leave me a voice mail at work. Once
we clarified this she was fine.
Now to go door shopping. A contractor in town is coming over in the
morning to give me a quote on replacing the door. Saw one like ours at
Pella that was insulated, which would be very nice.
The state insurance guys said that while it isn't their job to get too
involved on this they could have at least made an appearance. Legally
they aren't required to do anything but this has made me rethink our
relationship with them. Renewal is this fall, I'll be going elsewhere.
Who could have made an appearance?
The driver's auto insurance company? They are not obligated to pay you
anything at all. Anything they pay you for this incident/damage is in
lieu of suit. Their only responsibility is to defend their insured.
There is no contractual obligation to you.
Your homeowner's insurance company? They should have had an adjuster
there THAT DAY to coordinate documentation, temporary enclosure, and
mitigation of damages, as well as giving you assistance in presenting
them with your claim. They do have a contractual obligation to you...
subject to a deductible, of course(which they would then return to you
when they have completed subrogation action to recover from the auto
I think you misunderstood the "state insurance guys" or they
misunderstood you. See above.
Renewal is this fall, I'll be going elsewhere.
This is the part that I don't get, even on named perils policies(most
are all risk on building) vehicle damage is covered as a very basic
coverage. Did you call your homeowners or auto company? Have you paid
This part I've wondered about. How often do they recover from the
other side, and then not send the deductible. Do they play
buddy-buddy with the other side and recover less than they might?
What if one car hits another, and both cars have the same insurance
company? Or if one house hits another. :)
The only slightly related experience I have is that my brother sent
his old car to my mother, via a drive-away. They made the kid wash
the car before he handed it over, and it was January, and he skidded
on ice coming out of the carwash (when there was no ice elsewhere).
amd while the drive-away's insurance paid for my mother's car to be
fixed, they wanted her to sign something so the drive-away company
could sue their driver. But they had already kept his 200 dollar
deposit, which the driver and my mother was under the impression
should cover the driver's cost in the matter. She refused to sign,
and that was the end of it.
Wasn't the driver likely to believe that the insurance the company had
covered him and not just the drive-away company. Did my mother do the
I don't see how he could be liable. The first post says that the OP
had him do it.
Yes, the guy should get paid by the insurance. He saved *them* money
and that way he'll have the time to other nice things for free for
people in the future.
Not only that, but this is one step he'll have to do anyhow before he
can get it fixed. It doesn't require having the money in hand to pick
someone to repair it. And some guys are busy. They'll take the job if
the customer understands they can't get to it for a week or whatever.
Better to get on the waiting list as soon as possible.
Typically your insurance will work for you even tho his insurance is
paying for it. That's the service we expect from our insurer.
My son got rear ended waiting for light change at a intersection.
My insurance co. took care of everything on behalf of us. If they're not
responsive, get your lawyer involved.
I had a similar incident. The other party aka the responsible
didn't bother to file a claim with their insurance company.
As if they figured hey it might go away.
I called their insurance and filed the claim against their policy
and wasn't real friendly while doing it. Within an hour someone
contacted me and I had an adjuster out the next day.
Go directly to the insurer forget his boss etc. If he was in a
company vehicle call the works insurance if his car, call his.
Most states also will not cover a personal call on business ie:
pizza delivery or like kind work.
Also my agent was helpful in calling them to get their info and
also calling their insurance company.
Also get a copy of the police report to use as proof of their
Whatever you do don't make a big deal out of the medical condition.
At least here in ohio say a heart attack or certain other things are
considered an act of God and if you read most policies they are
Call his insurance co, call the jerk and get the number, or call the
police, its on their record. Its possible he is uninsured. Was he
driving a company car, call his boss. I would call your insurance co
back and find out what happens if he is uninsured. It does not make any
sence for your company to not help, what if he backed out and just drove
away, what else does your policy not cover?
You have two options: spend months fighting with insurance adjustors
and the like, or find yourself a reputable lawyer who handles personal
injury and property damage cases.
Your state law may not allow you to recover legal fees in the cost of
settling your claim against the person who damaged your house; check
with the lawyer before you hire them.
My advice: get the outside help. Take it from someone who has been
fighting with the Maryland MTA for almost three months since one of
their drivers fell asleep at the wheel and destroyed my car when it was
parked in front of my house: you don't have the kind of clout lawyers
and local/state government officials have.
Actually there are more choices. You can hire your own adjuster, a
Public Adjuster, who will get you the maximum amount you are entitled
to, for a percentage of the final settlement(usually ~10% - most states
the max is 12.5%). Lots cheaper than an attorney, more thorough, most
know insurance law, tips, & tricks better too.
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