Insurance claim-taxi crash into
About one month ago I was hit by a taxi cab driver in the parking lot of a Walgreens. The cab was stopped in the opposite lane and appeared to be getting ready to back into a space. As I approached him, I stopped my car to let him go. I waited about 15-20 seconds and the driver did not try to park. I then began to move, and he started backing up. The front right side of his vehicle entered my lane as he backed up into the spot, and he damaged my bumper and tire rim.
An officer at the scene told us we would need to call highway patrol because it was on private property. He told me he did not suggest wasting my time, and instead instructed me to get the driver's company information, as well as insurance information because in his opinion he was at fault and the insurance company would realize that. I took several photographs of the scene and got his information, but he requested none of mine and was very quick to leave the scene (obviously).
His insurance has been atrocious. It has been a month and I have received no help in getting an estimate on the vehicle, and have received no calls from an adjuster on the investigation of fault. After several weeks of calling, I finally spoke to my adjuster yesterday who realized the cab company's policy STRICTLY stated it could not be used for commercial vehicles. Even more, this specific driver was listed nowhere on the policy. The insurance company told me they would be investigating the cab company's misuse of the policy, and in all likelihood my claim would be thrown out.
I managed to get a hold of the cab company the same day. The claimed to know nothing about the crash. The owner was also out of the country until next week, and the driver that hit me had been fired weeks ago for stealing. So at this point I am getting no assistance from the company whose driver crashed into me, no assistance from the insurance company, and no assistance from the actual driver (who has dodged my calls several times).
What options do I have at this point? With no police report I feel it's basically just my words against his (though I do have photographs, and I feel the fact that the driver didn't bother to get ANY of my information, including my name, is a dead giveaway to his fault in the crash). However, I was considering calling the owner on Monday when he returns, explaining to him what the insurance company told me, and asking how I will get paid for my damages. If he refuses, I plan to tell him I will be seeking an attorney.
What I want to know is: do I have a case with the cab company or the insurance company for not monitoring their policy holder closely enough? And is there anything I can do to get my money from either one of them, considering this crash was not my fault.
To be more specific, if your insurance policy has collision coverage for your vehicle, your insurance company can than subrogate the other insurance carrier. If the cab companies insurance company deny's the claim, confirm what it is for. Liability or coverage denial? I am not sure what state you reside out of but is coverage is denied, some auto policies carry uninsured motorist coverage. Hiring a lawyer can be expensive, small claims court may be a option. Good luck
I understand - but they will likely just deny the claim based on coverage denial because the cab company owner was misusing his policy. To them, liability is not even an issue at this point and they haven't even bothered to investigate that in the month since the accident. If the other insurance company denies my insurance company's claim, then won't they just force me to pay the deductible? Or is there a situation where I can file the claim with my insurance, wait to see if the cab's insurance accepts or denies it, and then make the decision to cancel the claim with my insurance if it is indeed denied? I would rather obviously pay the $500 damages myself or go after the cab company directly. So I'm afraid of making the claim with my insurance and then getting stuck with the $1K deductible if the other insurance says "no way."
You always have the option of reporting the claim and waiting to see what they do. Very common especially for a not at fault party. If you have not gotten an actual estimate your insurance company can provide you with one or get you in the write direction. What state do you reside out of? Does your policy carry uninsured motorist coverage? will read UMPD, or UMBI on your policy. Your carrier can also confirm the subrogation process since your concern is the damage may be under your deductible.
I live in Florida and have Geico. I guess I will give them a call.
You always have the option of reporting the claim and waiting to see what they do. Very common especially for a not at fault party. If you have not gotten an actual estimate your insurance company can provide you with one or get you in the write direction. What state do you reside out of? Does your policy carry uninsured motorist coverage? will read UMPD, or UMBI on your policy. Your carrier can also confirm the subrogation process since your concern is the damage may be under your deductible.
Scenarios like this are exactly what small claims court is for. Sue the cab driver and the cab company, for the repair costs and loss of use, plus your filing costs.
Contact the government agency in your area that regulates taxis.
Taxis are usually licensed and regulated by the local government. Letting that agency know the taxi company is operating without proper insurance will get their attention.
You are either going to have to:
1) go to a small claims court; or
2) file with your insurer and hope they can get your deductible back. On that subject, I just want to point out that you don't actually pay $1000 if there is $500 damage. If it is under the damage, you will still only pay the damage; or
3) Realize that some things are not worth your time, for such a small amount. Personally, this is what I would prefer. My time is valuable, and yours is too. Sometimes, things happen that aren't insurable, and that you can't do anything about.
4) Speak to the cab company, tell them you are going to sue them, and to prevent that, all you want is the $500 to repair your car. If they can avoid a lawsuit, even if it is small claims, for such a small amount, they may just take it get rid of you.
3) Realize that some things are not worth your time, for such a small amount. Personally, this is what I would prefer. My time is valuable, and yours is too. Sometimes, things happen that aren't insurable, and that you can't do anything about.
You never know what really happened. I've been in a "fender bender" that bent the hood to where it had to be replaced. The other party couldn't believe I was getting a police report, but without it I wouldn't have been covered. The costs are somewhere around $4-5k to fix. Not worth it?
I don't know how much damage the OP incurred (I'm surprised he hasn't gotten an estimate yet), but it may not be as tiny as you assume.
He said he has gotten an estimate for $580 to fix everything. I'm not assuming anything; I am just giving him the options. I include that option, because that is what I, personally, would do. I place a large value on my time.
The only scenarios where you should need a police report to get your loss covered are hit-and-run or theft.
Actually, I was just in an accident (the one I described) and the other party's insurer said if I didn't have a police report, that they would use the other party's testimony to decide liability. And the other party had decided to just not answer the phone or respond to their letters. The end result: I would have been up shit creek, sans paddle. Fortunately I did have a police report and it all worked out.
Also, the other party actually had the cops called on them by someone else for "domestic disturbance" after losing their shit following the accident. So the first cop actually called for a second cop to make sure to get the accident report, because I guess belligerence and getting a domestic disturbance call means the guy might not tell his insurer the truth. Fun note: he actually did lie to the officer about what happened, and his mother was a passenger and informed the police of what really happened. If the insurance called just for his story (hint: it wasn't his insurance, but his father's, it seemed, and the insurance number the cop had written down was wrong and they had to investigate it to get the right one, so it was almost completely under my comprehensive), I don't think he'd so happily hand the phone to his mom for the truth to be relayed. Ah, the joys of being a 20 year old male driving his parent's SUV.
TL;DR: I'm really glad I had a police report!
People who wish they'd made a police report: this guy rear ended on the highway, this guy rear ended in bumper to bumper traffic, this guy who's in PA and still waiting after 2 months, I could keep going.
The damage estimate was $580. My deductible is $1K. So yes, you're right, I'll only have to pay the $580. But then why would my insurance company seek out the other insurance company, cab company, or driver if they didn't have to pay anything? Is it normal for insurance companies to try to get my money back even if the cost of damage was lower than my deductible?
Good customer service, and because it is probably protocol to subrogate when they can. Anyway, none of these options are ideal, but you have to choose which you are most comfortable with.
If the other insurance company denies coverage, you likely have an uninsured motorist deductible waiver your policy that would apply. 90% + people have it when they have collision coverage. Your insurance company will be able to take care of your damages in full and then let them worry about getting reimbursed. CAll your insurance company!
I think your best bet is to go after the cab company. If they own the vehicle and operate the business, you can trace liability back to them, sue for damages and in some cases also loss of value due to the decreased resale value of your vehicle; now that it's been in an accident. Insurance kicks in when there is legal liability. If their insurance doesn't cover it then you will have to take them to court and have a judgment made or settle with them when you threaten to sue. Just don't threaten to in hopes of getting a deal without following through. You may want to consider if the cost of hiring a lawyer outweighs the damages you can recover, unless you want to do it just based on principal (ple?).
On a side note some insurance policies have uninsured motorist coverage which will pay in situations like this and usually has a lower deductible than the collision coverage.
Sue the Taxi driver, the Taxi company, and your insurance company.
I'ts not my insurance company I'm dealing with, it's the cab company's. My insurance company is aware of the accident, though I have not filed a claim with them. If I do, I will likely have to pay the $1K deductible plus any rate increases. I want this driver, the cab company, or their insurance company to give me the money which I feel I am entitled to. First, for the fact that the other driver was at fault. And second, for the fact that the insurance company could not even keep an eye on their policy holder and realize he was running a cab company with his plan.
I will likely have to pay the $1K deductible plus any rate increases.
The deductible part is true, but if your insurance carrier's investigation ends with you not being liable, you shouldn't have any problems with rating. Why do people think they're going to see rate increases for non-fault accidents?
Because insurance companies charge you more even when it isn't your fault.
That's not true, and I ask again, why do people think that happens?
Your rate could go up coincidentally for a variety of other reasons, but insurance companies won't raise your rate for an accident you're not at fault for.
Parking lots are normally 50/50. Even though it was his fault... Just a caveat, you will not get your deductible back and most likely it will raise your rates.
Go to small claims court.
Do you have comprehensive coverage or just liability? If you have comprehensive, you can report it to your company, they will pay you (less deductible, then they will surrogate against either the cab's insurance or the cab company them self.
If you don't have coverage for your own vehicle, I suggest lawyering up and suing the cab company, their insurance and the driver.
There are ways to rate for an accident without calling it a surcharge
OP, If your premiums go up and there are no other factors that changed since your last renewal (e.g. traffic citations, other at-fault claims, etc.) then report your insurer to your insurance commissioner.
And don't buy insurance from whomever /u/Keith_Courage works for.
Try getting a quote saying you've had zero claims and then get another one but say you had an accident that cost, say, $15,000, but wasn't your fault.
Your current carrier might not be allowed to increase it when you renew, but I would be surprised if those 2 quoted matched in premium.
what if I sold you a policy and gave you the best rate I could find, and the company offered a claim free credit because you had no accidents. Then let's say during that first year with that policy you got rear-ended by some teenager who was texting and driving. Are they forced to continue giving you the claim free credit even though you had a claim? They might not be "surcharging" your renewal for an at-fault accident, but your premium may still increase as a result.
Why the hostility? Sure, call the commissioner. Carriers respond to complaints all the time. They also file rating procedures with the same office and have to have them approved for use. If they are violating the rules or doing something other than what they filed then there will be a problem. DOIs also carry out market conduct examinations and audit entire books of business for accuracy and to make sure everything was written according to the filings.
Sorry if my tone got a little sharp. I guess I just get a little hot thinking about an insurer increasing an innocent claimant's premiums. There may be a law about no-fault claims and premium/surcharge increases, but, as you stated, in practice a profit-motivated insurer can always find a way.
That's some great info, by the way, thank you for sharing. What's your background? Are you an agent?
I'm licensed but I'm not an agent. I just hold an appointment with my employer and they pay for me to take CE and renew. I worked in personal lines service/underwriting for 5 years and now work for a small business carrier doing the same thing. For a while I was responding to work comp bureau letters of criticism making policy corrections and verifying coverage. Now I mostly take phone calls to help input quotes or endorsements or related to premium audits, and review policies for underwriting purposes.









