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There were no witness and his insurance company is refusing to pay for the damamge of my care, is there anything else I can do?

2007-12-08 12:07:48 · 8 answers · asked by 結縁 Heemei 5 in Cars & Transportation Insurance & Registration

I didn't hit him, I was going straight, he bumped into me

2007-12-08 13:11:38 · update #1

8 answers

It is not unusual for the other drivers insurance company to refuse to pay in the beginning. Those who say that you should let your insurance company handle it are correct. Your company will then deal with the other persons insurance company and let you know what the outcome is.

It's good that the police said it was the other person's fault. Whether your insurance company will have to pay part of the bill depends somewhat on the laws of your state.

I had a traffic accident 2 years ago that was the other persons fault. There were no witnesses and the other driver said I was at fault and didn't tell the truth to the police. It was their word against mine and the police believed the other person.

In the future, if in an accident, I will not move my car until the police come and insist the other person doesn't either. I also plan to keep a cheap, preloaded, 35 millimeter camera in the car so that I can take pictures of the positions of the cars to help prove my case that it was the other persons fault.

I hope something I have written has helped.

2007-12-08 12:59:38 · answer #1 · answered by Smartassawhip 7 · 0 1

First, be sure to obtain a copy of the Police report. If this person was found to be negligent and, the police report mentions that this person received a negligence charge or was cited, then you need to go to the police department that handled the accident,obtain their report and then submit this to your insurance co. I hopeful that insurance information was exchanged during the time of the accident. If this is the case, submit any useful or pertinent info to your insurance company so that they can forward any bills to then person responsible. Keep in mind, that Insurance companies play games and are reluctant to hand out any dough so, they delay the process as long as possible. Contact your insurance company so that they can direct you as to what you should do. If the accident was not your fault, then the other person is responsible. You mentioned that there were no witnesses but, were the Police called ? Was there any exchange of vehicle insurance information ?? If the police were not contacted and, there was no exchange of vehicle insurance coverage, then this will complicate matters. Were you seen at an Emergency Room for an evaluation after the accident?? I hope that this helped some and Good Luck !!

2007-12-08 15:47:43 · answer #2 · answered by Ruth 7 · 0 0

Your insurance should take care of this battle for you. Why is his company refusing to pay if the police said he was at fault?

2007-12-08 12:21:43 · answer #3 · answered by Otto 7 · 0 1

Why are you dealing with his insurance company? Your insurance should be doing that for you. As long as you have the police report showing he was at fault, your agent should have no problem collecting your loss for you.

2007-12-08 12:30:15 · answer #4 · answered by oklatom 7 · 1 1

Police do not determine fault.

You were driving straight, he hit you . . .did you maybe have a stop sign or yield sign that you didn't honor, and he had the right of way? See, you don't give enough information here.

Anyway. You have two choices: 1. file a collision claim through YOUR insurance, and let them chase after his insurance, or 2. sue him in small claims court. That's hit.

His insurance company has to take his word for it. They have NO duty of good faith towards you. Only YOUR insurance company does.

2007-12-08 13:52:30 · answer #5 · answered by Anonymous 7 · 0 4

If he got a ticket, then get a copy of the police report. (usually about a buck or two) send a COPY to his insurance. This should do it. If he didn't then there is no way to prove it. He may even try to say you backed into him.

2007-12-08 12:14:28 · answer #6 · answered by Bubba13 4 · 2 1

Call your own insurance co. Let them handle the case. If you have the police report and they have them at fault your good to go. Let your insurance co. Handle it for you. they have a lot more clout than you do and you wont need the hassle

2007-12-08 12:13:57 · answer #7 · answered by Big Deal Maker 7 · 4 1

WELL YOU SHOULD HAVE NOT HIT HIM IN THE FIRST PLACE PFFFT WOMEN DRIVERS

2007-12-08 12:17:31 · answer #8 · answered by Anonymous · 1 6

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