Question
USC gate
This incident happened in early March, 2011.
I was entering through the gate of my University entrance when I was struck on my driver's side car door by the other party. The gate has two lanes, the right lane is the designated "express lane" for students/staff/faculty with parking permits (I am a permit holder, and this is the lane I travel on every day) and the left lane is for visitors (there is an entrance booth to the left of the lane). The other party had finished talking to the gate attendant and swerved into the right lane in attempt to make a U-turn (as she explained after the incident) around the entrance booth. She swerved right into the express lane where I was traveling and thereby hitting my car.
We moved to one of my University's parking lot and wrote down each other's contact/insurance information. We did not call for a police report. And (as I regret), we did not take down any witness' contact information. This is my first car accident and I was not sure of what to do.
I reported the incident to my insurance company (Farmers), which took in contact with the other party's insurance company (State Farm). Farmers deemed the other party at fault but because I do not have collision coverage on my car, I was told to contact State Farm on my own to cover damages on my car (at the time of the incident, the collision caused the driver's side door to get stuck. Only after I forced it open was I able to use the door).
I got in contact with State Farm over several weeks (and now it's been months), and State Farm informed me that they could not get in contact with their insured. Later on, I received a letter from State Farm denying my claim stating that I was 100% at fault for "unsafe lane change." I called State Farm and asked them for clarification and they said that based on the damages on the other party's car, they could not determine liability. I then ordered an inspection to be made on my car (they did send someone to take pictures of my car) and I sent them pictures of the entrance gate, clearly showing that there are two lanes (including the sign that designates the right lane as the "express lane"). It's been a couple of weeks since then, I haven't heard anything from State Farm.
A photo of the University entrance is attached.
If State Farm stands by their denial to my claim, what can I do?
Also, because it's been almost 4 months since the incident, is it possible for State Farm to deem my claim "expired" or something like that?
Thank you very much for your time.
AnswerHi USC Student,
There is no expiration on the claim except for the statute of limitations which is generally at least 2 years.
If you can not get anywhere with the insurance company then the only thing you can do is to file file suit against the at fault driver. Hopefully you got her address so you can have her served with the suit papers.
I hope this helps
Richard Hixenbaugh
