Ok first I've been in multiple accidents where I wasn't at fault and never sued anyone even when I was hurt all I ever asked for was to have all my expences paid...but this one is started to tick me off a bit, a 16 year ran a red light and smashed my car up in the passenger side (he was sited), I was uninjured but the car is still in the shop (1 month later) I took out a claim through my insurance to get the ball rolling, I still have yet to hear from the other insurance company, ALLSTATE (yes i'm naming names) when I finally got through to someone they said that they can't reach the 16 year for his recorded statement..my car is done tomorrow..but guess what, I can't get it out of the shop since I have a $ 500. deductible and they will not hand over the keys till it's paid, which Allstate refuses to do because they have no proof that thier insured was at fault. So who do I go after? The idiot that refuses to call in the accident....or his insurance? Because now they got me MAD!
FOR: Calipink, so I'm just supposed to suck it up is what your saying because good citizens SHOULD get hit while driving carefull, we should do nothing? Isn't this why we pay our insurance monthly? I have never liked and do even less now "Insurance companys of any kind" we give our money without a fight every month and have to fight to get a "small portion" back when we need it. So PLEASE no more answers from Insurance agents!
Answer by maxinebootie
Have Allstate get a copy of the accident report. The police department can fax it to them. The accident report will show who was found at fault and show if citations were issued.
Call your insurance company and tell them your story. They will probably be more than happy to help out a paying customer.
If worse comes to worse, pay the deductible and then take the other person to small claims court. The accident report should list the owner of the other vehicle. Since the other driver was a minor the car may be in their parents name.
Answer by Messiah
Call a lawyer. Press charges.
Answer by Sabrina
Go after BOTH of them!
Answer by calipink22
Getting a lawyer won't help. Pay your deductible. After you claim is closed through your insurance company they will sue Allstate to recover their money and your deductible. This happens all the time, especially with Allstate. If they cannot reach their insured to get their recorded statement they cannot proceed with the claim. Don't waste money on a lawyer. Your insurance company has better lawyers then anyone could ever afford. They'll take care of it for you. But keep in mind that subrogation between insurance companies can take up to two years and are only successful about 80% of the time.
Answer by pleasantcreekcw
Take the 16 year old to small claims court to get your $ 500 back then do what the licensed insurance agent said to do.
Answer by Mi3nlady
I would handle it through your insurance because that way, you at least have your car out of the shop...avoiding storage fees and all. Once your insurance starts paying on the claim than they will likely start banging all the other insurance's door for payment.
You might also want to contact your state insurance commisioner's office and file a complaint...that way they have respond and solve your complaint in a required time frame.
From personal experience...it worked out very well for me going about it that way and a week later I a check to replace my damaged custom rims that ALLSTATE states that I can buy from AUTOZONE for $ 199.00. Just do what you need to do because they will mess with you. Wish you the best of luck!!!!
Answer by ca_surveyor
OK.. so you need $ 500 for the deductible.. but are there any other expenses.. did you rent a car while YOURS was in the shop? Did you miss work, etc.. If you are not injured and do not feel that you need compensation for injuries or shock (good for you), the nmake sure you know the full total.
THEN.. go to small claims (or a lawyer) and sue THE PARENTS.. for the full max. of small claims (then settle later for your expenses) not the kid. You can not sue a minor. If YOU are a minor, then YOUR parents must file the suit for you.
Chances are the kid has not reported the accident or is ducking the issue.
Once you do that, he will have to cowboy up and notify his insurance company.
BUT.. before you do this, make sure you tell your insurance company because THEY will be suing him too for t he cost of the car repairs and you need to coordinate your issues so that you dont sue for the same thing.
good luck.
.
Answer by billy p
YOUR COMPANY CAN PAY IT BUT THEY WILL HAVE TO GO AFTER THE OTHER GUY.........GET A LAWYER SINCE HE IS 16 TELL HIS PARENTS YOU WILL AND CAN SUE THEM FOR THE MONEY......THAT IS WHAT YOU SHOULD HAVE DONE AT FIRST...THEY WOULD HAVE SUED YOU IF YOU WERE AT FAULT.........SUE THEM OR PAY THE MONEY,OR PAY THE MONEY THEN TAKE THEM TO SMALL CLAIMS TO GET THE MONEY BACK.
Answer by ronald h
At this point, do not get a lawyer. they will take anywhere from 25 to 331/3 percent of the recovered amount. Get a copy of the police report. It may cost you 5 bucks. Fax it to the allstate adjuster (who probably has it anyway and they are jacking you around) along with a demand letter for settlement. If you have a rental car and or injuries they are responsible for those items also. In the meantime, File a claim against the kid and parents or guardian in small claims court for your deductible. Be sure to include court costs. (filing fees etc.) If the damage to your car is less than $ 5000.00 you can go after allstate the same way.r
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Orignal From: Car accident....Should I get a lawyer and try to get some form of compensation?
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