My friend was driving my car in the left lane in an urban area. I was sitting in the passenger seat. We were approaching a traffic light which was green and all of a sudden a huge pick up truck next to us (middle lane) rams into the passenger side of my car. He was going faster than us, and he didn't stop he scraped my car from the door all the way to the front lights.
We filed a police report, the other guy admitted that he did hit us but only because another car cut in front of him. My insurance is just liability, I am dependent on his insurance. They took a statement from all 3 of us and say theyre are conflicting. The insurance lady said the police didn't see the actual scene so the report would just have what we said happend. WTF? Can the insurance company screw me over here? Now I am waiting for them to send an appraiser to my mechanic's shop (thats where I had to tow it since it wasn't drivable).
Any advice, I am a college student, help!
2006-10-02 09:35:37 · 7 answers · asked by skmetallica 1 in Cars & Transportation ➔ Insurance & Registration
If your insurance company is worth a "flip", they should fight this out for you, (after all they aren't going to have to pay to have it fixed ) And I am sure the adjuster (if he has any experience) will be able to see what happened to you car! The only thing he won't be able to tell is where the "white lines" were, and wether at an intersection!
I don't know how the accident report reads, but if there is a statement that the guy gave you (is in the report) you should "have him", and his insurance co. should pay!
If it comes down to a court case, it gets to be a "I said, he said" kind of thing, and you will have quite a hard time (but I stiill think you can probably win)
I think a good talk with the state insurance commissioner would kind of soften them up a little too! -- If the other insurance co. wants to hassle you! Hopefully the person that was driving yours had a valid drivers liscence! He may be your only whitness!!
Also my advice is to just ask the insurance to replace the car instead of repair it, (the repairs might actually cost more than a driving car). It is possible to have all kinds of other problems for a while after you get repaired car back (and those expenses will of course be yours)!
2006-10-02 09:53:08 · answer #1 · answered by guess78624 6 · 0⤊ 0⤋
The other person's insurance company will only pay you if a preponderance of evidence supports their insured being at fault. Right now it appears they are saying it's word vs. word and they are probably considering you a biased witness as you own the car and know the driver. They may be discounting your testimony.
The other rub here is that the person who hit you claimed he only did so when avoiding the negligent act of another, who can't be identified. Technically, that would make this an uninsured motorist claim. If his insurance company denies for that reason, you should look into whether there is uninsured motorist coverage on your policy that will cover this. If they don't believe it was a "phantom vehicle" that caused the accident and deny for conflicting stories your choice at that point is to sue in small claims court. And that's a crap shoot. Sorry! They are doing right by their insured in their eyes.
2006-10-02 14:20:11 · answer #2 · answered by Chris 5 · 0⤊ 0⤋
Unfortunately you are pretty much sol. If you have liabilty only, your insurance company owes you nothing. You chose to pay only for liability for your vehicle. The only way they would pay for the damages if the other party did not have any insurance at all.
If you can get in touch with the police officer that responded and have him/her speak with the claimant carrier, if he says the other driver admitted at the time that he hit you, it may help.
No insurance company is going to pay out on a claim if they aren't 100% sure they owe for it. Your other option is to take the driver to small claims court. Get an estimate on your car and utilize that as the amount you are seeking. In MD, it costs about $25 to file.
Your insurance company is done with it after they verify the other driver has coverage in general.
You can't ask them to replace your car as the mechanic said. They will think you are a moron.
Good luck, typically you will lose out on this situation.
I am an adjuster with an insurance company
2006-10-02 11:01:32 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Well duh the police didn't see the actual scene. Unless they were right there. Find out what the other driver said and and compare it to the police report. Of course the insurance company is going to do whatever to not have to pay money out to anyone. Can you get any legal assistance throuhg school? Try obtaining prepaid legal. A well addressed letter from an attotney may make the insurance company think again.
2006-10-02 09:49:13 · answer #4 · answered by mahree 3 · 0⤊ 0⤋
They are just trying to bully you into dropping it. Normally your insurance company would be doing battle however you don't have full coverage. The squeaky wheel gets the grease. You keep screaming that it was admittedly the other guys' fault. Your car was simply traveling in one lane and he hit you. If they want to go after the other driver who swerved in his lane then let them. If the person you are speaking with refuses to agree, ask for their manager. If that doesn't work, call your insurance agent and ask them what the proper government agency would be to file a complaint with.
2006-10-02 09:43:14 · answer #5 · answered by Mike Hunt 5 · 0⤊ 1⤋
yes go down to the courthouse n file a civil lawsuit against the people that hit you n get a copy of police reports n the other peoples statement and take pictures of your vehicle.get 2 estimates for the cost to repair.it only cost about $20 to file a civil lawsuit against them n the rest u must prepare ur own case.its cheaper than hiring a lawyer.
2006-10-04 10:35:28 · answer #6 · answered by purrdykitten2003 3 · 0⤊ 0⤋
No, the government screwed it up, and that they are nonetheless doing it. The legal experts make a killing suing docs for something they are able to, in simple terms because of the fact docs like each and every physique else are actually not perfect. Politicians bypass rules particularly to allow legal experts to rake in funds from the wellness care gadget, because of the fact they have all have been given their palms in each and every others' wallet.
2016-10-15 10:57:31 · answer #7 · answered by ? 4 · 0⤊ 0⤋