QuestionDuring a hail storm, I got hit by a driver who wasn't paying attention and proceeded to change lanes to the left while my vehicle was driving. Mind you the only thing I could do since I could not press on my brakes was to manuever my steering to the left to try to try to get away from him.
The police came and would not issue a report because neither one of us was injured. We exchanged information and found out we both were insured under the same insurance company. They asked us to either fix our cars ourselves or pay the deductible while the investigation is in process.
The next day I got a call from the subrogation office and immediately they were telling me this is going to be a difficult and hard investigation because there are conflicting stories. They asked if there were witnesses and I told them no one would stop in that type of weather but there is a local shopping complex nearby and if the accident occured where the other party claimed, they would have seen it. Turns out no one at the store saw an accident at the stop sign but were unwillingly o get involved with insurance companies. So I knew the last option was the police officer.
My Insurance company called to tell my the claim has been denied and I disagreed with them knowing they have yet to contact the police officer. I started to call all district to get in touch with the officer. Finally a break. The police officer calls me back and alas he remembers me and the other party very well. He was willing to cooperate under the circumstances that he could prove that the other party's story was false. My insurance asked that he submitted a drawing of the location where the accident occurred.
Well couple of weeks later, they sent me a report stating that "Our team has conducted a full investigation including review of all pertinent information but unfortunately they are unable to recover the deductible due to the facts of the loss were not conclusive enough given the state negligence laws" What does this mean? Was justice served here? I was able to prove the other person's story wrong so what else could I have done?
How can I go after the insurance company for what they have done with this case?
AnswerHi Lyn,
Unfortunately, there is not much you can do. In your insurance policy it states that they will investigate all claims, determine libility and they will decide to either pay or deny all claims. Apparently, even with the police officers story there was not enough information to make a decision in your favor. Also you must keep in mind that the police officer did not see the accident actually happen. So anything he has to say is simply based on what the two drivers told him and what he saw when he arrived. The insurance company is under no obligation to give police officers statement any more weight than yours or the other drivers.
That having been said, you should call your company and ask to speak to a claims manager. Ask them to explain to you in detail the reason for their decision, what they bean by "your states liability laws and any other questions you have. If you are still not satisfied you can ask if that have a geievance department to have the claim looked at again or you can file a complaint with your state insurance commissioners office.
I hope this helps
Richard Hixenbaugh
