What happens if I was in a car accident and the other driver and I have the same insurance? 20 Answers as of November 01, 2013

What if the person who hit me and I have the same insurance and they are stating I'm out of luck because they haven't talked to that person so they closed the claim?

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David Hoines Law
David Hoines Law | David Hoines
You need a lawyer to represent your interest.
Answer Applies to: Florida
Replied: 11/1/2013
Pete Leehey Law Firm, P.C.
Pete Leehey Law Firm, P.C. | Pete Leehey
The fact that you and the other driver have the same insurance should have no effect on your claim. Similarly, when an insurance company tells you it has "closed the claim," it means nothing. As long as you are within the statute of limitations, all you have to do is inform the company you are making a claim, and they will "reopen" the claim.
Answer Applies to: Iowa
Replied: 10/29/2013
Candiano Law Office
Candiano Law Office | Charles J. Candiano
Send a certified letter to your insurer with a copy of the police report showing that you were not the at-fault driver and demanding that they adjust the claim. If you were injured, consult a personal injury attorney.
Answer Applies to: Illinois
Replied: 10/29/2013
John Russo | John Russo
B/S retain a lawyer yesterday, they receive nothing unless you do and you will receive on average 3 to 4 times more with then without, insurance companies are designed to screw you, they are businesses not more nothing less, they are not your friends, stop talking to them and speak to a good PI attorney trust me.
Answer Applies to: Rhode Island
Replied: 10/29/2013
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
As I've posted I don't know how many times (but way more than 20) on this forum, in MICHIGAN you collect No Fault Benefits from YOUR OWN insurer. Personal Injury Protection (PIP) benefits a/k/a No Fault Benefits consist of wage loss @ 85% of your lost gross wage for a maximum period of 3 years from the date of collision; replacement services @ a maximum rate of $20 per day for the same time period; and medical benefits for your lifetime. If your injuries reach the threshold of a "serious impairment of a body function and/or permanent serious disfigurement and/or death" then you are usually able to prevail on a pain & suffering claim if you can also prove the fault/negligence of the other driver/owner involved in your crash. Whether the insurer says you are "out of luck" because they haven't talked to the at fault driver is generally meaningless in that you may still pursue the p&s claim IF the above apply/are proven; but the caveat is that if their insured doesn't cooperate in a possible defense/investigation of the claim then they can deny coverage based on the non-cooperation.
Answer Applies to: Michigan
Replied: 10/25/2013
    Law Offices of George H. Shers | George H. Shers
    The insurance company can not refuse to do anything because the other driver will not co-operate.? You have a contract of insurance with them and a different adjuster should be handling each claim separately. Push the insurance carrier with a threat of "bad faith" if they do not act speedily on the claim.
    Answer Applies to: California
    Replied: 10/25/2013
    Robert C. Slim - Attorney at Law
    Robert C. Slim - Attorney at Law | Robert C. Slim
    It looks like you are asking two separate questions. First, the fact that you both had the same insurance company has not effect on rights to pursue a legal claim. The policies are treated separately. Second, if the other driver does not cooperate with their insurance company's investigation of the claim, then the insurance company can void coverage. This would be a pretty drastic move on their part, but I have seen it happen before. Your best bet is to consult with an attorney about your case. If you had any personal injuries from the accident, then you should be able to find a lawyer. Once a lawyer gets involved, things can start working your way. When you try to handle the case yourself, it's like bringing a knife to a gun-fight. I would be glad to go over your case with you at no charge.
    Answer Applies to: Texas
    Replied: 10/25/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Makes no diff about the sharing of a company. They still have a duty if the other driver is liable. They must not think you have much of a claim. File suit against the driver in small claims court unless you are hurt up bad.
    Answer Applies to: North Carolina
    Replied: 10/25/2013
    E. Ray Critchett, LLC
    E. Ray Critchett, LLC | Ray Critchett
    If you have uninsured / underinsured motorist coverage your insurance carrier should still process your claim.
    Answer Applies to: Ohio
    Replied: 10/25/2013
    Utah Injury Lawyer
    Utah Injury Lawyer | Will Rodgers
    Since you and the driver of the vehicle that hit you both have the same insurance company, the claim is handled much the same but with a careful eye on what is called "self-dealing". That means I make sure the insurance company does not try to limit paying you fairly because they also insure the person that caused the car accident. Contact an injury lawyer to represent you in the case and make sure you are treated fairly and get financially compensated fairly. Please note that in Utah, there is a 4-year statute of limitations on auto accident claims. So, if the car insurance company closed the claim in less than 4 years from the date of the accident, contact an injury lawyer to help you get treated fairly.
    Answer Applies to: Utah
    Replied: 10/25/2013
    Stephens Gourley & Bywater | David A. Stephens
    They should assign separate claims representative to each individual driver. If they will not deal with your claim, let them know that you will be filing suit to recover your losses.
    Answer Applies to: Nevada
    Replied: 10/25/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    You are NOT out of luck. Make your claim. If they do not pay what they are supposed to pay, then sue them. Insurance companies try to rule the world, but as long as there are lawyers (and we are being squeezed out of the practice due to the political climate), you have recourse.
    Answer Applies to: Michigan
    Replied: 10/25/2013
    Julie Butcher Law Office
    Julie Butcher Law Office | Julie A. Butcher
    You need to talk to a local lawyer right away. The insurance company may have committed bad faith.
    Answer Applies to: Kentucky
    Replied: 10/25/2013
    Belushin Law Firm, P.C.
    Belushin Law Firm, P.C. | Vel Belushin
    If this is the case, you should see an attorney about the claim. They will pay more attention if they hear from counsel.
    Answer Applies to: New York
    Replied: 10/25/2013
    The S.E. Farris Law Firm
    The S.E. Farris Law Firm | Spencer E. Farris
    Hire an attorney. You are not bound by their determination! Typed one finger style. Hunted and pecked.
    Answer Applies to: Missouri
    Replied: 10/25/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Your insurance company should split the handling of the claim between two different adjusters. If the insurance company is denying your claim against the other driver because he or she is not cooperating, then your uninsured motorist benefits should kick in to pay for bodily injury. Your collision should cover the property damage. If your insurance company is playing games with you, consult an experienced personal injury lawyer familiar with bad faith insurance claims. Good luck.
    Answer Applies to: Alabama
    Replied: 10/25/2013
    End, Hierseman & Crain, LLC | J. Michael End
    The fact that the other driver had the same automobile insurance as you has no impact on your claim, which will be against his liability insurer, which just happens to be your insurer.
    Answer Applies to: Wisconsin
    Replied: 10/25/2013
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    If the defendant is insured by the same company that insures you, it does not matter. The insurance policy insures the driver against liability risks arising out of accidents caused by him or her. You have a valid claim against the driver, and his insurance company has the duty to represent him and cover the damages that he has caused if he is found at fault for the same.
    Answer Applies to: Washington
    Replied: 10/25/2013
    WEISSMAN LAW FIRM | I.Donald Weissman
    It does not matter if the two people involved have the same insurance carrier. The insurance carrier assigns an adjuster to each claim. They treat it independently. If the claim has been denied it has nothing to do with the fact both people involved are with the same company. A claim can be re-opened or suit can be filed to pursue the compensation for the accident.
    Answer Applies to: California
    Replied: 10/25/2013
    Chen Kasher, Esq.
    Chen Kasher, Esq. | Chen Kasher
    That doesn't make any sense. Retain a personal injury attorney. If they closed the claim for this reason, you may have another claim for what's called insurance bad faith. The insurance company has a duty to evaluate and settle your claim in good faith.
    Answer Applies to: Illinois
    Replied: 10/25/2013
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