i was re ended a month ago keeping in mind i bought my van 3 months prior this. at a stop sign he hit me he says i backed in to him, needless to say the state po po didnt come it was the local, he didnt have his lisence or proof of ins or registration the local cop drove him to his house to get it. his insur. denied claim took his work ok you are gonna taek the word of a man who didnt have his papers in his car, well it gets better he is a mason and so was the cop. funny how people get away with things,,,,i dont care if you damage someone elses property u fix it.what should i do
2007-01-18 06:57:49 · 13 answers · asked by msladybug17268 3 in Business & Finance ➔ Insurance
The papers are irrelevant. The police report is irrelevant, also - police do NOT determine fault.
The insurance company has a duty to act in good faith TOWARDS THEIR INSURED. You are NOT their insured - he is. They have a legal duty to believe him over you, until a judge says otherwise.
You need to file this claim with YOUR insurance company, and let THEM handle it. If you do not have insurance, or you don't have collision coverage, you need to sue him in small claims court for the damages. My guess is, as soon as you file suit in small claims court, his company will ante up.
FWIW, I've handled lots and lots and lots of claims. I've talked to both parties, and 95% of the time, they ALWAYS blame the other guy. Only 5% of people in accidents ever tell the insurance company that it's their fault. Now, logically, that number should be 50%, but hey, people are dishonest. Or at least, they don't want to take responsibility for their own actions.
2007-01-18 08:16:25 · answer #1 · answered by Anonymous 7 · 1⤊ 0⤋
This is a case of one person's word over another. You need to go to your insurance company and tell them that you did not back up on the street and you want to know why the word of the other guy is taken over yours. Ask your insurance company to explain it to you in writing how the final decision was made against you.
The way I see it, if you had no cause or reason to back up, then your story has more validity than his, unless there were witnesses. The cop cannot be a witness or make any judgements unless he was at the scene and saw what happened, but rather only can report what each party has to say.
2007-01-18 07:12:50 · answer #2 · answered by David 3 · 0⤊ 0⤋
first of all don't blame the masons for what happened. This was a seperate incident. Were there an witnesses around? If so, get there statement and a phone number incase they need to be contacted by the insurance companies. Then, confront the police department and tell them what happened.
2007-01-22 01:34:40 · answer #3 · answered by I'mAJamieLawrenceFanGirl 3 · 0⤊ 0⤋
I'm not sure what re ended is, but I am going to assume that you were REAR ENDED in your van. If the police report doesn't support your claim and the insurance company found in favor of the other person, you are most likely the one who was at fault. You can't believe that every one conspires against you!
2007-01-18 07:01:10 · answer #4 · answered by kja63 7 · 0⤊ 0⤋
When insurance company determines fault they do not go off of the police report as the police did not witness accident and they do not determine fault. They go off of the facts of loss provided by each party. If their insured states it was your fault then they have a duty to defend him and agree with his version of the loss. Unless you have physical proof you are out of luck. I would file with your insurance. This type of loss is what I would call word vs word and it happens occasionally. There is no way to prove one way or the other.
2007-01-18 14:14:59 · answer #5 · answered by mamatohaley+1 4 · 0⤊ 0⤋
You've said nothing to convince me you haven't backed into the guy; the fact that his insurance information wasn't with him at the time isn't a huge deal. You've also demonstrated a lack of simple reading and writing skills, so I'm inclined to believe you're not a terribly good driver, either.
But that's all irrelevant, you don't need to convince me of anything. If you know you were rear-ended, you can sue him/his insurance, it won't take much to convince a jury of that. Call yourself a lawyer and I think you can win this easy.
2007-01-18 07:03:33 · answer #6 · answered by Yakka 2 · 0⤊ 0⤋
His insurance has an obligation to stand behind his version of loss facts UNLESS PROVEN OTHERWISE by evidence. In this case, independent witnesses.
Your insurance has an obligatin to stand behind your version of loss facts UNLESS PROVEN OTHERWISE by evidence.
What you have here is a word vs. word scenario. Happens every day.
If your insurance company paid for damages over your deductible so you could repair your car, they will subrogate his insurance, it will go to arbitration, and may the best adjuster win.
Otherwise, you'll have to sue him in small claims court. If you win, his insurance company will pay. YOU have the burden of proving the accident happened the way you say it happened.
2007-01-18 14:43:09 · answer #7 · answered by bundysmom 6 · 0⤊ 0⤋
Was an accident report filed? Was the incident of the police leaving the accident seen recorded?
Is there any witnesses?
If your version of the circumstances can be verified, you can file suite against the police officer, the police department, the man that ran into your car. Please note that you will have to file naming all three.
2007-01-18 07:17:00 · answer #8 · answered by whatevit 5 · 0⤊ 0⤋
first of all im pretty sure it's rear ended not re ended... and the only thing you can do is let it go and try to fix your car w/out any or limited assistance from your insurance company. sorry that happened to!
2007-01-18 07:01:02 · answer #9 · answered by Stephanie 2 · 0⤊ 0⤋
Get a Lawyer
2007-01-18 07:00:56 · answer #10 · answered by bigpileofrottencowshit 2 · 0⤊ 0⤋