Dealing with an insurance companyy?

Question

Heya,
About 1 month ago I was involved in an accident. A lady hit my car door with the side of her car, bent my door and messed up my quarter panel. 2900$ in repairs. I only have liability insurance. It says on my copy of the police report her car was the primary contributor. But on the report my insurance company got from the police it says it was my fault. I was stopped and parked in paralell parking that is slightly offset from the street. Her company denied my claim. Are there any other options for me or am I just screwed?

I was parked and had my door about half open, I turned to grab my hat off the passenger seat, i still had my hand on the door. Then the door was struck. The other insurance company said that I opened my car door into the other car. Like I said this is offset parking so there is no rason for her to be driving close enough to hit a door even if the door was fully extended.

Answer 1

There is something missing in your story because if you were stopped and parked how could you be at fault.
The first thing I would do is get a copy of the police report that your insurance company and go to the police station with your copy and find out why they are different. Insurance companies do not base their decision solely off the police report. They make thier own investigation and use the police report along with your fact and their insureds facts of the accident to make a determination about who is at fault.

If they have denied the claim, call and ask them why they have denied it and to send you a letter explaining the denial so you have it in writing. If the accident happened exactly the way you describe above, take her to small claims court. If they find in your favor her insurance company will pay.

I am not trying to be rude or say you are lying but many people will alter the actual facts of the accident in their mind so it favors them. Think back about what happened and make sure that you aren't doing this.

Answer 2

Look at this way my friend, most of the insurance companies rather to settled out of court but in this case its a same thing that you failed to yield to an oncoming traffics, lucky you its only a passenger car, what if it was a semi or some much bigger, its probably took you and your door with it. Your door is opened while you're in the driver seat is the same as you're operating the vehicle, simply the door can't operated on it own, moving or not and you're glad there were no injury, it could be worse. If you felt the police reports were inconsistent than ask the insurance company to send you their report so you can compare it with your own. Its common sense next time friend but in the mean time, prepare to pay for the damage ( $2,900 ).

Answer 3

In the case of a word vs word dispute, insurance companys will generally believe the word of their own insured, you took a risk not paying for your own insurance which would have paid for your loss regardless of fault - you could go to small claims court, but you would have to PROVE your case, not just word vs word - good luck

Answer 4

It is a maddening fact of life that insurance companies routinely deny claims on the safe bet that people are too busy to fight with them. I would fight this and take her to small claims court if needed to get my car repaired, this is not your fault, she damaged your property. Best of luck.