Auto Insurance Forum

Jun. 24, 2007

I was involved in an accident in which a limo driver hit the rear of my car. The driver tried to solve the claim by offering me money, but I refused and called police.

Later, I got a police report indicating the limo driver was at fault. I called and sent a letter, copy of the police report, and repair estimate to the driver, the limo company, and the driver's insurance company, all by registered mail.

The limo company says the driver isn't employed by them and they aren't responsible; the letter to the driver was returned; I received a receipt from the insurance company so I know they got the letter, but I have heard nothing from them. They have not returned any phone calls.

I only have liability, so my insurance cannot pick up the repairs. What can I do?

Takako, New York

If the vehicle is owned and insured by the limo company, it is responsible for covering your damages and injuries, regardless of whether the driver was an employee. It is the limo company's responsibility to pursue subrogation from the driver's insurance if that is appropriate; it shouldn't be up to you to chase him down.

This is a good time to take advantage of assistance offered by your state department of insurance (DOI). Send your DOI a letter explaining your circumstances and include copies (not originals) of all documentation, including police reports and certified mail receipts, and ask the state to assist you in resolving your claim. To find your state DOI contact information, use Insure.com's State Gateway.

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