RESPONDING TO THE OTHER GUY`S INSURER`S DENIAL OF COVERAGES
Released on: August 4, 2008, 5:30 pm
Press Release Author: Don Hudgins
Industry: Financial
Press Release Summary: Has This Happened To You?
Press Release Body: Contact: Don Hudgins CIC,LUTCF 1-800-808-9171 or don@heiagency.com www.heiagency.com
RESPONDING TO THE OTHER GUY\'S INSURER\'S DENIAL OF COVERAGES Has This Happened To You?
You have been involved in an auto accident that was the other guy\'s fault, but the insurance company for the other guy won\'t adjust the loss because they can\'t reach their insured to confirm details of the accident, what do you do?
The other party is clearly liable for the damage to your car, but short of a lawsuit there is no way to force him to pay, and no way to make the other guy\'s insurer pay for repairs if he refuses to cooperate with their investigation.
Unfortunately, according to most insurance agents and insurers, the only solution is to make a claim against your own auto insurance policy, under collision or uninsured motorists coverage. Uninsured motorist coverage is normally available even when the other party has insurance because the carrier has denied the claim based upon the insured\'s refusal to report the accident or to cooperate. That refusal triggers the definition of an uninsured motorist under your policy.
While having to pay the deductible is no fun, the insurer at least may have more success getting the other insurer or the negligent party to respond to a subrogation action. Claiming under UM coverage is preferable to collision, because the deductible is usually less ($250) and the insured can receive reimbursement for the reasonable expense of a rental car without a specific daily or dollar limitation. In addition, your loss record won\'t be charged with a claim.
Don\'t forget about the Deductible Recovery law. Section 542.201 of the Texas Insurance Code requires an auto insurer to make an effort to collect the insured\'s deductible from a negligent third party or advise the insured in writing that action will not be brought. If this hasn\'t been done within 12 months after the date the claim is paid, the insurer must pay the amount of the deductible to the insured. This law applies whether the third party is insured or uninsured.
If this happens to you or someone you know, contact your independent agent and let them guide you through this problem. With proper planning and guidance you increase the chances to recover your losses!
For more information on this subject, contact Don Hudgins CIC, LUTCF, HEI Insurance Agency, 1-800-808-9171 or at don@heiagency.com www.heiagency.com
Web Site: http://www.heiagency.com/
Contact Details: Don Hudgins Hudgins & Elkin Insurance Agency LLC 13481 Point Auarius Blvd Suite C Willis, TX 77318 Phone: 936-228-5301 Toll free: 866-808-9171 Fax: 832-201-8555 don@heiagency.com