I was Rear-ended..?

Question

I was rear-ended in an automobile accident and now his insurance company is saying they willl not pay for my damages? What do I do?

-- His insurance company is saying they are not going to pay this claim, because his car was not damaged...but mine is

Answer 1

Contact YOURS and let your insurance sue his. It's common practice and your rates won't go up. It happened to me and it worked.
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Answer 2

Ok..

First off, what does YOUR policy say? Your insurance company should be the first stop.. let them do the preliminary discussions.

Next: By what you typed it, do you mean that they are saying that there could not have been any accident or damage because their clients car is unscratched? Or are they saying that the amount of your damages appears to be excessive when compared with their clients

In the first case you should be supplying them with photos and estimates. In the second you should prob.let your insurance company respond.

BOTTOM LINE here...First, you have a responsiblity to inform the other party about the damages and give them an opportunity to respond (ie: pay for them) . After that your responsibility ends.

That means that, assuming your insurance company has not been able to change the position of the other company, and has has no obligation to fix your car for you, you can make a demand and, if they do not pay, you can then sue the other party either in small claims where you represent yourself, or via an attorney, in municipal court.

It all takes time, but in the long run you will get your money as long as you can prove the damages.

good luck

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Answer 3

First: Kevin A is an idiot and has no clue what he/she/it is talking about.
Second: did you even ask WHY they are denying your claim? There is no advantage for an insurance company to not pay a claim they owe. It's possible that the driver of the other car is saying he never hit your car. Since there is no damage to his and I presume there are no witnesses then the insurance adjuster has an obligation to protect his policyholder within reason.
Third: you really should make a claim with your own company. They deal with these situations everyday and are much better equipped to handle the other driver and his company than you are.

Answer 4

They are not paying because the driver who hit you is not telling them he caused the damage. Do you have a police report/ witness? I would get an estimate and sue the other guy personally. In most cases once they get that court date in the mail they will then forward it to there insurance company and settle the claim. No insurance company will pay if there insured claims not to do any damage.

Answer 5

Insurance companies dont just "Not pay damages"- they have reasons. You need to be more specific so we can help you.

For example:

1. he could have given you an expired insurance card therefore the policy was not valid
2. he could be saying you backed into him instead of him rearending you
3. the driver could have been excluded from the policy- meaning not covered if he was driving

ask questions before you listen to the people on here who say "get a lawyer! sue!" etc etc

****** EDIT *******

Ok- heres what happened then. Obviously this other driver is saying "what on earth is she talking about! I wasnt in an accident! and completely denying it.

If you have no PROOF through damages on his car or a police report- how can they pay out damages when they cant prove he was involved? He is their insured so they are going to protect him unless they can prove otherwise.

So.. either show them..
1. a non-biased third party witness
2. a police report
3. damage on his car

If you cant provide any of those.. your out of luck.

Answer 6

You need to ask his insurance company the reason why they will not pay for your damages. It could be something such as his policy was canceled/ lapsed, he was not covered to drive the vehicle,etc. You can also try to claim this under your Uninsured/ Underinsured property damage (if you had this coverage at the time of the accident), then your insurance company will go after his or him.
good luck

Answer 7

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Answer 8

If you have a good insurance company like State Farm, they help with this. They go after the other company and advance you the money to repair your car.

Answer 9

Take them to court and sue for the largest amount as you can. As the victim of a rear end hit, you are entitled to full restoration and compensation. Got to the hospital and get x-rays and the whole 9 yards. They will have to pay for it all and if you go to the doctor, it leaves it open just in case you have whiplash.