Queens family's months-long struggle after getting rear-ended highlights insurance risk for car owners

A Queens family says they struggled for months to get help after their car was rear-ended, even though they have insurance.

Desperate for a fix, they turned to CBS News New York investigator Mahsa Saeidi, who got results and has a warning for everyone on the road.

"It's not my fault"

In January, Cindy Browne's car was rear-ended by a Penske rental truck in Queens. Her partner, who was driving, documented the damage.

"This is how I get around. This is how I get to my job. It's how I drop my kid to day care, grocery, laundry, and it's just very, it's stressful," she said.

Browne said she filed a claim with Penske and was transferred to a third party.

"I got in contact with Gallagher Bassett," she said. "I guess they're handling their insurance claim."

In emails sent to Browne four months after the crash, the third-party administrator, Gallagher Bassett, said the adjuster was "still investigating," and added, "You need to go through your own carrier."

For Browne, however, that's not an option. Her policy covers what she hits, not what hits her.

"I didn't have enough where I could get full coverage on my car," she said. "Unfortunately, I'm paying for that now."

Months later, Browne's car is still busted and rusting.

"It's not my fault. Like, I was rear-ended," she said.  

Getting results

"I need Penske to fix my car," Browne said.

Saeidi contacted Penske and Gallagher Bassett to find out what the holdup was.

A Penske spokesperson said the delay was partly due to a lack of response from the consumer who rented the truck.

"We realize the insurance claim process can be frustrating and confusing for many people. We sincerely apologize for any communication gaps and delays involving Gallagher Bassett that may have occurred during this process. Penske has contacted Gallagher Bassett and requested they move to expedite resolving the damage claim for the vehicle. Ms. Browne should continue to work through her contact at Gallagher Bassett to facilitate this process," the spokesperson said in a statement.

One month later, Browne said she finally received a check to pay for the damage.

"I would like to thank you and CBS because you guys were a great help to me," she said.

Now, Browne plans to fix her car and ensure it's safe to drive.

"I'm just glad I get to keep my car because at this point I can't afford a new car," she said.

Gallagher Bassett sent CBS News New York the following statement: "Gallagher Bassett focuses on the wellbeing of all our claimants and sets best practices for industry standards as it relates to filing claims and other business operations. We do not comment on specific claims or clients."

A warning for car owners

New York is the most expensive state for car insurance, according to Bankrate.

To legally drive, you must carry liability insurance – $10,000 for property damage and $25,000 for bodily injury you cause – but collision coverage, which pays for damage to your own car, is optional.

"To be minimally insured, it's a risk," said Deanne Caputo, a longtime personal injury attorney. "You have to deal with the other carrier ... They have to get it appraised, they have to pay you. You're not their customer."

Caputo said there is a trend of people having less insurance coverage.

"Auto insurance in New York is at an all-time high. Not only that, but there's companies that won't even write anymore," she said. "It's actually really, really hard for people."

Because extra coverage is optional, there's no public data tracking that, but in just four years, in New York, the average cost of full coverage jumped about 35% from under $3,000 to over $4,000.