What is the best process for filing an auto insurance claim when not at fault?

I was recently involved in a car accident, my first one ever. Unavoidable, as I was the one hit. I had the Green light, and so, right of way. An SUV was exiting a parking lot, not paying attention, and rammed into my Left side. That is, the driver side rear door, tire, and a little of my driver side break-light. 

The only damage the SUV had on his vehicle, was his front bumper- because obviously, he hit me. 

The guy is playing stupid the entire time. Tried to blame me for hitting him somehow, even though my front bumper is clean, and his is damaged where he T-boned into my rear-driver side. I called my insurance first. They said, I need to call his insurance, State Farm. Which I thought was odd because I thought my insurance would fight for me and call State Farm on my behalf. 

Anyway, State Farm is also dragging their feet. Saying I cannot do repairs until they speak to their insured and investigate. 

Does all this hold water?! I mean, I feel cheated. I just want my car repaired at cost to his insurance, since he was at fault. 

I did call the reluctant cops who grudgingly showed up, and even the cop admitted the SUV was at fault, not I, for exiting a parking lot onto the road I was on. 

His insurance is saying they can’t reach him. “I” had to give THEM his phone number I got on the scene. Unbelievable.

I don’t want to be cheated or cheat anyone. I was not at fault and just want my car repaired at cost and to move on! 

Anything I can do?! Am I on the “correct” path? Thx!

11 Answers

  • car253
    Lv 7
    3 weeks ago

    State Farm has to speak with their customer before they can pay you out your claim.   They give the other party 30 days to call them.   if their customer never calls State Farm they will make a liability decision without their customer.    But State Farm has to give their customer a chance to call them to give their side of the story.   State Farm is being honest and not lying to you. 

    The other driver is 100% at fault for the accident for failing to yield the right of way.   if you have collision coverage then use your own insurance company which lied to you that they would not help you.    you get what you pay for.   State Farm cost more but they are the best and well worth the money.   

    Bottom line.   just wait it out.   Ask State Farm when they will make a liability decision if their customer never calls them so you know how much time you are waiting for.    

    you can also sue the other party in small claims court.  But you will most likely not have to do that.   you just need a little patience.   you have no choice.  you must wait until State Farm pays for your damage and your rental car while your car is in the shop being repaired.   

    Source(s): insurance agent.
  • Edna
    Lv 7
    4 weeks ago

    If the only coverage you're carrying is Liability (no Collision), then your insurance company is correct - they can't help you and they won't pay to repair the damage to your vehicle. You need to call the other guy's insurance company.

    Regardless of whose "fault" it is,  Liability covers the damage your vehicle causes to another vehicle; it does not cover any damage to YOUR vehicle. If the other guy's insurance (State Farm) refuses to pay to repair your vehicle  (for some reason), then you have to sue the guy in Small Claims Court. 

  • 4 weeks ago

    You contact YOUR insurance company and let them handle it.

  • May
    Lv 6
    4 weeks ago

    First accident, umpteenth accident.  What does it matter what does that have to do with anything?

    This is normal.  No insurance company will accept a claim until/unless they can contact their insured first.  Simply use your own (collision) insurance coverage.  Your company will advise you, will represent you will protect you.

    Accident?  Always call the police to the scene, then notify YOUR insurance company....... Always !

  • How do you think about the answers? You can sign in to vote the answer.
  • 4 weeks ago

    If you do not have collision insurance on your vehicle, your own insurance cannot do anything for you.  If State Farm refuses to pay up, you will have to sue the other driver in small claims court.

  • 4 weeks ago

    Does all this hold water? Sort of. It is what they do to avoid a payout.

    NO insurance company races to pay anymore than they have too.

    You are to contact YOUR insurance. They pay whatever they do to fix YOUR car. That they collect from the other guy is up to them.

  • Anonymous
    4 weeks ago

    Call your insurance company again.  Speak to a supervisor.  Nothing else works, time to see an insurance lawyer.

  • 4 weeks ago

    They cannot pay until either they talk to him or you sue him and win.  If they really can't speak to him because he simply blocks their phone number or ignores their calls, then you might consider suing him as a last resort so that they will be able to pay eventually; however, this will take months or years.  Giving them more time to try to reach him would be much faster.

    Your insurance does not fight for you.  If you have collision insurance, then they the other driver or the other driver's insurance, but they do it only to save themselves from having to pay the claim (although it may also save you the deductible).

    They do not fight if you only have liability insurance.

  • Erik
    Lv 7
    4 weeks ago

    That's unbelievable.  We pay hundreds a year, or thousands, and they want you to do their jobs for them.  I would have said "WHAT?  WHADDAYA MEAN I HAVE TO CALL STATE FARM?"  That's outrageous.  Maybe you were unlucky, and the person you talked to was incompetent, and the next person you call will know what they're doing.  That's what happened the last time I called Frontier.

  • martin
    Lv 7
    4 weeks ago

    Call your own insurance agent.  Let him or her guide you through the steps.  You don't have to do anything but that.  Your insurance company contacts the other company.

Still have questions? Get your answers by asking now.