Auto Insurance Claims: Liability, work product doctrine, state insurance department, small claims court


Question
Other driver backed his company pickup into me causing $2000 damage to my car. Police report stated he was in reverse in a travel lane at time of collision. No ticket issued, Indiana Ins declined liability and claims "work product" for not sharing any docs that were used in the bogus finding. What is my best recourse, can I get docs, this is what gives insurance cos. a bad name.

Answer
They do not have to release their documents.  This is protected by legal priviledge.

However, that does not mean the case is over.  You can sue the driver and company owner.  If you do this, you can obtain what yoyu  are seeking via the Discovery process, which is the evidence sharing portion of litigation.

If you have collision insurance, you should let your insurance company subrogate against them.  this is the process where your company acts as your advocate and attempts to recover their payment as well as your deductible.

If not, you have no choice but to sue the driver/company.  You can do this in small claims court without a lawyer.  The court personnel can help you with the process.  The insurer will then assign a lawyer to defend their customer.  If the lawyer thinks their case is poor, he/she will recommend settlement.  They may try to settle your case to avoid legal fees.

You can also file a complaint with your state insurance department if you believe the denial is arbitrary or capricious and not based on evidence.