QuestionI was hit in a parking lot at work by a guy who had says he did not do it but my paint and the dent match up to his bumper. The police were called and he was placed at fault and givin a ticket. Pictures were taken and statement from both of us. Now his insurance says they will not pay the claim because he was the only witness and he acting like he didn't do it.
AnswerHi John,
If you carry collision coverage on your car, report the accident to your own company and have them repair your car (less your deductible). They will secure a copy of the police report that states he was at fault and cited plus copies of the photos.
They will then subrogate against the other company for the full amount and once paid, return your deductible to you.
If you don't carry collision or the damage is less than your deductible, go to the police department and purchase a copy of the police report and the photos.
Arrange a face to face meeting with the other company adjustor, point out all the facts in the police report including the fact he was cited and show them the photos.
Tell them if they don't pay you immediately, you will file small claims court action against their insured, and then DO it. By presenting 2 estimates for your repair, plus a statement of the cost of car rental while your car is in the shop along with the police report statement and the fact he was cited, along with the photos, there is practically a 100% guarantee that you will win.
Once you win a judgement in court, his company is obligated to pay the full amount of the judgement and all court costs.
I trust this answer has been of help, please write again if I can be of more assistance.
Your feedback by rating my answer will be greatly appreciated.
Sincerely,
Bennie
San Francisco Bay Area 10-31-07 3:22 PM PST
