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How long does it take for car insurances to determine fault?

I got into an accident a few days ago. It's pretty cut and dry that it was the other persons fault, however the police don't determine fault and leave it up to the insurance companies to figure out. Those who have been in a similair situation, how long from the time of the accident did it take for your insurance company to find fault in the accident. I'm curious because I'm having to pay a $1000 deductible and car rental fees. I want to make sure I get it back if its the other persons fault.

Public Comments

1. I was in a similar situation a few years ago. Now, the rules for each state are different but generally speaking, if neither of you have accepted fault, the case goes into something called "arbitration". This is where the two insurance companies duke it out. Now, in the meantime, you are responsible for the deductible and other costs. Once arbitration is done, you will get your deductible back (provided the arbritration court finds completely in your favor). This process typically takes a couple of months - maybe longer depending on your state. You should keep in touch with your insurance company to see where things stand. As far as the rental car goes, you're probably not going to recoup that (ask about rental car coverage for next time).
2. The insurance company has to complete the investigation, police report, witness statements including your statement. Then, they have to pay your damages. They will need to wait until the car is finished being repaired & the repairs are satisfactory in case there are any supplemental payments. Then, they have to subrogate against the other insurer, the other insurer has to do the same investigation before they accept liability. They have to get the police report, speak to witnesses, including their driver. They cannot detemine liability until they speak to their driver. If they can't get in touch with this person, it will delay the process. I would say it will take a minimum of 30 days to settle even on the most cut & dried accident. Your insurance company will certainly subrogate against the other party, they want their money back just as much as you want yours back. Be sure to tell your insurance company about your rental expenses so they can ask for reimbursement on those too, but, you will only get the cost of a like kind & quality vehicle. If you rented something better than your own car, they will not pay that difference. When this is done, call your agent & add rental reimbursement to your policy so you will have it if you get in another accident.
3. It depends on the details of the accident. If you were rearended or parked, it is a no-brainer. The other party was at fault. If the other party took a left in front of you, pulled from a stop sign, failed to yield the right of way etc., it may take a bit longer. Your insurance company will want to speak with all parties involved, secure the police report and determine the point of impact before assessing liability. Honestly, it should not take that long, but there is no set time frame either. It could take two seconds or have to be determined by a judge if you filed suit and liability was disputed(the latter is very unlikely). Once your insurance company pays you for the damage to your vehicle, they will subrogate for that amount and your deductible. When they get it back from the other carrier, they will reimburse you. Regarding your rental, call the other insurance company. Report the claim. If they accept liability right away, they should be able to set you up with a rental. Otherwise, go ahead and rent a comparable vehicle, and submit the bill for reimbursement. You did not indicate what state this loss occurred in. The comparative negligence rules vary from state to state. It is possible your payment may be reduced by your percent of negligence.
4. As long as it takes to complete the investigation, and assign fault. The police never determine fault, they merely give a report of factual information which is only one of the tools insurance companies use in their investigation. They will also look at both cars, and take statements from all parties involved in any way. It's never really cut and dry. You can be assigned a portion of fault in many situations. 90% the other party, but 10% yours because even though parked, you opened the door that is on the traffic side and it got hit, just as one example.