Hey everyone! My car got totalled last week. The person who hit my car is at fault. I got the police report for that. But now the insurance company says that they will not pay me anything because they got a report that I was driving over the speed limit. Is this a valid reason? Or are they playing games with me?
2007-03-27 09:30:17 · 8 answers · asked by Car Totalled 1 in Cars & Transportation ➔ Insurance & Registration
The reason you carry insurance is for them to deal with other insurance companies. I would advise you not to talk to the other person's insurance company without consulting your insurance company. They (the insurance companies) record conversations so you can't go back on whatever you say. let the companies fight amongst themselves.
2007-03-27 09:38:58 · answer #1 · answered by Mickey 6 · 0⤊ 0⤋
Heres how the insurance process works.... a claim gets called into a carrier and they first investigate liability. They do this by whatever means they want to (meaning its not solely based on who is at fault on the police report) Now, their insured pays them to protect them in an accident so if there is any doubt in liability.. they will side with their insured (and they are in perfect legal means doing this) When they do this.. and put you at fault the next step is too..
Go through your own carrier. They will likely side with you. Then.. the two companies will go to a sort of "insurance court".. its where a third party will here both of their sides and choose which insurance company is right. If they decide your insurance company is right.. the other carrier will owe you back your deductible.
To make a long story short.. you have no choice but to go through yoru carrier right now and the other insurance company is allowed to do this legally.
2007-03-27 09:40:29 · answer #2 · answered by la428282 6 · 1⤊ 0⤋
Proving that somebody was speeding is not easy to do. It normally would involve the other company hiring an "accident reconstructionist" to determine the speed of the vehicles based on the impact and damages to both vehicles. If they are relying on a witness who says you were speeding then you should definitely argue against that. Most witnesses don't have any clue how to gauge speed. So if you haven't already done so ask them what they are basing the speeding issue on. If they have a accident reconstruction report you are not going to win that battle.
If you have collision coverage turn a claim into your company and then you only have to pay your deductible. Then your company can argue the merits of the claim with the other company and then you save yourself the hassle and stress of fighting with the other company.
Good Luck
2007-03-28 03:11:36 · answer #3 · answered by fighting saints 6 · 0⤊ 0⤋
I assume that you have insurance. Your insurance company should work this out with the other guy's insurance. If the police named the other guy as the person responsible for the accident and a ticket was issued to them, this should be cut and dried. If you got a ticket, that may be a problem.
In my opinion, you should not make any statements either verbally or in writing to the other guy's insurance company. Let your insurance company handle it.
If you don't have insurance, you may have a bigger problem. You can always complain to your state's insurance commissioner with all the facts.
2007-03-27 09:41:10 · answer #4 · answered by united9198 7 · 0⤊ 0⤋
First of all, if you weren't cited and there is nothing in the polcie report to that effect, they are wrong to deny you compensation.
If the polcie cited you, that still does not relieve them of their responsibility to pay, unless you were negligent and if you were the police woudl note that.
You don't say if its your insuracne company who won't pay or theirs, normally if the other person is at fault, their insurance pays for the damage to all of the cars, if you were at fault, yours does.
If their company refueses to pay, ask yours to pay and they will then subrogate and file a claim agains the other company. Be prepared to show your company any reports or evidence that the police have as well as any official reports denying you payment. Both companies are required to specify the exact reason if they deny coverage and must present that supporting evidence to you as well.
2007-03-27 09:43:01 · answer #5 · answered by vettedude02 2 · 0⤊ 0⤋
If they have a valid reason for thinking you were exceeding the speed limit, that would put YOU at fault. Let your insurance company handle it with the other insurance company.
2007-03-27 09:35:58 · answer #6 · answered by oklatom 7 · 0⤊ 0⤋
Generally when an insurance adj looks at a claim, they will base there decision on what the police report says.. So if it states on there that you were speeding then they wouldn't have to pay out. I would also recommend filing with your insurance, and let them hammer out the details...
2007-03-27 12:53:17 · answer #7 · answered by D.L. 4 · 0⤊ 0⤋
are you Eddie Griffin?
2007-03-27 09:44:06 · answer #8 · answered by The Atomic Punk 4 · 0⤊ 0⤋