I was driving down the street when a car that was leaving a shopping center just zipped right out in front of me and I "T-boned" her car. She said that she wasn't even looking, that she was looking the other way. But her insurance company has deemed the accident 100% my fault according to witness testimony (the friend of the girl whose car I hit), and they refuse to pay for damages!
2007-10-12 15:06:07 · 13 answers · asked by ♥anonymous♥ 3 in Cars & Transportation ➔ Insurance & Registration
Unfortunately, I didn't call the police; I just wanted to get my baby daughters home right away.
2007-10-12 15:16:11 · update #1
I did call my insurance company. I did that as soon as I got home and calmed down. So, now I have to wait until Monday to call again and see what their next course of action is.
2007-10-13 01:44:36 · update #2
becuase you didn't get a police report you probab ly won't get anywhere. the other driver has a witness, no matter if they were in the other driver's car. You'll have to file with your insurance company and see what happens. It's hard to say who's fault it actually was without an investigation like a police report. In general if you hit their car in the back half of the side of the car it's your fault, if it was in the front half it's their fault. This is not always the case, but a officer could have investigated the scene. Next time you know.
2007-10-12 17:47:59 · answer #1 · answered by Adam F 4 · 0⤊ 0⤋
I don't have enough information to answer why the other carrier denied your claim.
Who did the police say was at fault?
You need to contact your insurance company. They will do an investigation into the claim. This includes taking a statement from you and looking at your car. They will also try to inspect the other car and get a statement from that driver.
Once your adjuster has been able to investigate what happened - he/she will be in a better position to answer your question.
PS - go ahead and notify your company -b/c the other carrier will anyway and the less time between the accident and the claim report - the better the chance your adjuster has of doing a good investigation.
2007-10-12 15:12:29 · answer #2 · answered by Boots 7 · 4⤊ 0⤋
Could be a 50/50 liability claim. File with your own insurance, and they may say that her friends testimony or statement is admissable as she is a friend. Hire a lawyer, and have them call the other insurance company that will usally scare em enough to pay out. See if there were any security cameras in the parking area. You should have allowed yourself enough time to stop is what there gonna tell you, but she is supposed to yield to oncoming traffic.. Sounds like her fault..
2007-10-12 15:34:30 · answer #3 · answered by D.L. 4 · 1⤊ 0⤋
If she pulled out in front of you, she is at fault. I would get your insurance company involved ASAP. Why did you not call the police and file a report on the spot? That is always one of the first things one should do after checking for injuries.
2007-10-12 15:24:57 · answer #4 · answered by Otto 7 · 0⤊ 0⤋
It isn't your fault because she was entering traffic. She is to yield to oncoming traffic before entering the street. Your insurance company can help you fight this. Contact them and give them the accident report. You technically cannot t-bone a car and it be your fault when the car is entering the flow of traffic from private property. You also could enlist the help of a traffic officer to help you with the reinactment of what occured to back up your case.
2007-10-12 15:12:48 · answer #5 · answered by Sparkles 7 · 1⤊ 0⤋
Are you kidding me? If it was a child that ran out in front of you would it be their fault if you ran them over? it appears that yoou wheren't looking either and I am afraid that it is the fault of the driver who does the hitting. This is the problem with allowing people to drive their cars with little to no insurance. Speaking of insurance, your insurance company is the one who will pay, You do have insurance, Right? If not then you shouldn't be on the road. Park it!
2007-10-12 17:23:10 · answer #6 · answered by William R 2 · 1⤊ 2⤋
Why isn't YOUR insurance company fighting on your behalf? Why didn't you call the police and get a copy of the accident report?
2007-10-12 15:10:24 · answer #7 · answered by curtisports2 7 · 3⤊ 0⤋
I would obtain a copy of the police report (if they were called) and seek professional legal help. The report would give a lawyer a good idea of whether you have a case or not. Also helpful is if you can prove that you were following all letters of the law (i.e. speed, seat belt, attentive).
2007-10-12 15:15:26 · answer #8 · answered by Stan 1 · 0⤊ 0⤋
If you didn't get a police report than you can't really do anything. If you did get a police report that has her listed at fault, contact your insurance company.
2007-10-12 15:14:30 · answer #9 · answered by theseeker4 5 · 2⤊ 0⤋
Well of course her insurance company is going to say it isn't her fault, they don't want to pay out. But your insurance company should be fighting on your behalf and saying to them "Your client pulled out in from of my client"
You did report it to your insurance, right? Of course not, if you did, they wouldn't be talking to you, they would be talking to your insurance. So report it. You messed up not getting a police report, don't make it worse by not contacting your insurance.
2007-10-12 15:34:44 · answer #10 · answered by oklatom 7 · 1⤊ 2⤋