Advice needed !

[kalibra]

s

[TinkerinWstuff]

talk to your own insurance agent and have them chase it

[Sully]

Have you contacted your insurance company? Maybe they can shed some light and help you out?

[dirkterrell]

Contact the office of the state insurance commissioner:

http://www.dora.state.co.us/insurance/

They can probably advise you of the best course of action.

Dirk

[longrider]

If you don't have collision coverage there is nothing you can file with your insurance. As for the other company not paying, I dont think they can do that as far as liability is involved. Her coverage on her vehicle could be voided because of being drunk, and they can cancel her liability because of the claim, but I am almost positive they have to pay out this claim

[longrider]

Your claim is against the other driver. Her insurance just protects her against your claim. When you win a judgment against the other driver it is up to her to figure out how you get paid. If the insurance was valid and wont pay she would have a case against the company but your only claim is against the other driver

[CoRR]

I guess the simpler question would be : 'who do I go after in court,the driver or the insurance company who's not paying the claim" ?

Her Insurance Company. You wont get anything from her. She just spent her money drinking and smashing your Sh!t. She has nothing left.

[Sleev]

No, your insurance wouldn't pay it.
Leave a message on the adjusters vmail saying you're
going to file complaints with the commissioner and BBb if you don't hear back from them by the end of the week.Also let them know you have copies of the police report. I've never heard of an insurance company not paying a claim due to the driver being under the influence.

[TFOGGuys]

Contact a lawyer. Insurance companies could give a shit if you threaten to take action, but they'll be much more responsive if they are contacted by an attorney. PM me if you need a referral.

[rforsythe]

If you don't have collision coverage there is nothing you can file with your insurance. As for the other company not paying, I dont think they can do that as far as liability is involved. Her coverage on her vehicle could be voided because of being drunk, and they can cancel her liability because of the claim, but I am almost positive they have to pay out this claim

Bingo. Why she crashed is irrelevant as far as you're concerned, they have to pay for it as they covered her as the driver. I think the most they can do is deny to pay for her car and drop future coverage on her. The whole point of liability as a minimum insurance level in CO is to ensure that the at-fault driver has the means to compensate the other party, if nothing else.

Perhaps leave her one more message saying if you don't hear back by the end of today, the next call they receive will be from an attorney representing your interests. The amount of money they will spend on their own lawyers to even listen to your voicemail probably exceeds the payout on your vehicle, so that may get some attention.

Edit: Jim also has a point on threatening to take action, but that's why I'd give a very short deadline (like, today) before going to that next step, since it will cost you money as well. It also helps your case since you have tried to work it out as much as possible. Make sure you document every call you make, every email you send, day/time/why/who/etc to show your effort.

[Dietrich_R1]

When you have full coverage, your insurance company must back you. With minimum liability, it is only in your agents best interst to offer advice on how to handle it.

Did the girls insurance company give you the procedures they would like you to follow before you got the vehicle fixed (ie please get 3 estimates, please rent car here, etc.)??

I would have an attorney in mind, but hold off unleashing them until you leave those messages recommended prior. I agree that a threat is probably going to work just as good before you add costs out of your pocket.

How much were the damages??

Good Times.....

[SOCAL4LIFE!!]

Edit: Jim also has a point on threatening to take action, but that's why I'd give a very short deadline (like, today) before going to that next step, since it will cost you money as well. It also helps your case since you have tried to work it out as much as possible. Make sure you document every call you make, every email you send, day/time/why/who/etc to show your effort.

Typically a insurace lawyer only gets paid if the win. Typically 33% of the amount paid, unless its agreed upon by all parties how much the lawyer gets paid from the other side. That being said a lawyer usually won't take a case that does not involve an injury. Thats wehn the real money comes in. If you are only going after what you paid out and is less tha $5,000 total take them to sall claims court. Its only a $45 fee ( I believe) and you can even tack that onto what you want them to pay. If nothing else go on Judge Judy nd get paid one way or the other.

[Mel]

Something to think about...if you only carry liability on your vehicle, I am guessing it's not a brand new top of the line anything that you care about. You weren't in the vehicle, so you aren't looking at any injury or damages....is having a lawyer who is going to take over 1/3 of the claim really worth the cost that you will go through?

I dealt with this on behalf of my ex husband when he was hit by a drunk/high chic driving someone elses car with someone elses plates and without a license...you know what your rights are, you know what you want, and you just have to fight to get it. Be firm, be polite, be educated, and don't take the BS. If one person dodges your calls, phone another...and another...and ask for a supervisor and file a complaint against the adjuster. In his case, they pulled the "we won't be able to settle this until a judgment is made by the courts and that could take 90 days" (his vehicle was totaled past drive ability). I got fairly ticked off at that, and had a fully paid rental car within 24 hours; I lost out on the "of comparable quality to what was hit" part and got stuck with a compact, but it was better than nothing. In the end, it was handled and paid..

[TFOGGuys]

Typically a insurace lawyer only gets paid if the win. Typically 33% of the amount paid, unless its agreed upon by all parties how much the lawyer gets paid from the other side. That being said a lawyer usually won't take a case that does not involve an injury. Thats wehn the real money comes in. If you are only going after what you paid out and is less tha $5,000 total take them to sall claims court. Its only a $45 fee ( I believe) and you can even tack that onto what you want them to pay. If nothing else go on Judge Judy nd get paid one way or the other.

The point of the lawyer is to stir the insurance company to action, not necessarily to drag the whole mess to trial. Joe sixpack doesn't have much pull when calling as a private citizen, but a letter on an attorney's letterhead will get their attention quite rapidly, and the few hundred that it costs will more than pay for itself....think about the cost of a rental car for 3 or 4 weeks.....

[CYCLE_MONKEY]

Sorry to hear it, exactly why I have comp&collision. Best of luck man. It's gonna be tough, as whenever any illegal act is concerned, the Ins. co ALWAYS wants to back out claiming they don't cover "illegal" acts.