The adversary insurance refuses to compensate my damages because I did not have collision coverage?

Question

After I filed a calim with my own and adversary insurance , and 5 months later after the arbitration between my insurance and adversary insurance, the case was resolved in my favor finding the advesary driver at fault . Now the adversary insurance is supposed to compensate me for my damages , but they refuse to on the basis that i did not have collision coverage . Please explain and what can I do now? FYI I have a liability insurance

Answer 1

Contact the Insurance Commissioners Department and file a complaint. They will investigate and many times you will see a check quickly.

If the other party is at fault and they are supposed to pay for the damages it does not make any difference if you have collsion coverage or not.

There may be other circumstances with this claim that they aren't explaining to you. I would call the adjuster who is handling the claim and ask them if they would know why it is not being paid.

Answer 2

Ok, here's the best way I can think of to answer your question.
Since you had no collision, your company can't pay out on your behalf and can't file arbitration. The other party's insurance felt you were responsible, so they denied your claim, paid for their insured's damages and filed arbitration. Here's the thing about that- any decision that is rendered is only binding with regard to whether that person can collect from your insurance. It is not a blanket decision and can't cover whether you should be paid by the other person's insurance. The decision was only binding regarding the claim they made against you.

If you still want to get paid and feel it's your fault then you'll have to file suit in small claims court. But they don't have to pay you as the decision does not bind them to your property damage claim.

Answer 3

Well number 1 I would call the adversary insurance and tell them they are going to pay for the damages or you are going to seek legal council. If that doesn't get their attention. Get some estimates of repair for the vehicle (these can be done for free) and then hire a lawyer to sue for the cost of repairs and the legal fees you had to spend on the lawyer. (yes you can include legal fees) You can also include the cost of a rental car for the time it takes for the repairs to get completed. It does not matter if you had collision on your vehicle or not, they are at fault and thus financially liable for the damage to your vehicle. ALL damage no deductable or anything. I would also report this to the District Attorney since violations of insurence laws carry stiff fines and penalties. You may want to remind the company of this when you are dealing with them. And that if they choose not to settle the issue now it will get settled and cost them several thousand dollars more. Now I should note that this is only if you are dealing with what you are calling the "Advesary's" insurance company. If you do not have collision you will not be able to get you company to pay. However given the nature of the situation you may be able to call your company and at least get some advice on how to proceed, they wont help you directly but they may be able to point in the right direction to take action against the other company. Good luck and if you do have to take legal action think of every little thing you spent money on in relation to the issue, get reciepts and include that to your total lawsuit figure.

Answer 4

That is a load of crap because it does not matter if you have collision if it was the other drivers fault. I was in an accident, and the other driver was at fault, and his insurance paid for my car to be fixed (I didn't have collision on my car).

Answer 5

take it to small claims court if the amount is below the max for your state...remember to sue not only the insurance co (the other guy's) along with him too, personally...good luck

Answer 6

...yea, what Chris said (as usual!)