Question
Got hit in the front
QUESTION: During 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?
ANSWER: Lyn,
Your best bet to get justice is to file suit in small claims court, naming the at-fault party as a defendant as well as your insurance company. If you are able to prove your case in front of a magistrate, then your claim will be covered. File the case in the jurisdiction where the accident happened or the address of the at-fault party. You won't need a lawyer, but your case will be decided on which party was better prepared and was able to make a concise case.
Charlie
---------- FOLLOW-UP ----------
QUESTION: Thanks Charlie. That was what I thought about doing. My additional question is do you know if Insurance companies have some kind of arbitration or appeals board where you can take your case to before seeking litigation in a small claims court? Also If I decide to go to a smalls claims court what else besides the recovery of my deductible and rental fees can I sue for? Can I sue for defamation of character or misre-presentation of client?
AnswerLyn,
Every insurance policy has a third party arbitration clause to resolve disputes over the amount of the loss. Each party (insurer/insured) hires their own independent appraiser, the two appraisers appoint a referee and the umpire's decision is binding. Each party pays their appraiser and splits the cost of the umpire. I'm not sure if this would apply to your circumstances, but you'd have to check with your insurance company to see.
Charlie
