Questionanother person ran through red light and hit me, I am 100% positive my light was green and even looked up after the hit and light was still green. Other lady rambled on saying she couldn't be sure what color her light was and that she was preoccupied with her passenger. Police report says she is clearly at fault. Her ins. co. has copy of police report and says that her statement varies to some degree from my statement, they are taking their time and won't call me back. Can they deny to pay for this when the police report says she is at fault? What if the other person lies, then what? If they refuse to pay, who can I contact next? thank you
Answer Hello Julie,
From your description of events, clearly the other driver is at fault.
A couple of issues, however. First, the police officer is not a witness, so he does not know for sure. I will assume that the other driver admitted guilt to the officer, or there were independent witnesses.
Second, the insurance company has a legal obligation to fairly investigate all claims. They cannot use the police report as their sole means to make liability decisions. They need to look at damages, check the report for other witnesses, and take statements of each driver. Actually, I've just written an article on this very subject on my blog. For details, go to this page:
http://www.floridaautoinsurancecentral.com/2011/05/15/a-closer-look-at-bodily-in...
While the article deals with injury, the premise remains the same.
You need to be active in your claim. Take a look at the article for specific advice.
Also, take a look at my other website: http://SolutionsForYourInsuranceClaim.com On that site you'll find a variety of articles dealing with claim delays, claim denials, and claim investigation. Arm yourself with the knowledge there, and then take action - quickly!
If they deny your claim there is really nothing you can do. In my opinion, they should not do this. As to your question, what if the other person is lying. In the absence of any evidence to prove otherwise, an insurance company will - and should - side with their insured. But in your case, their is other evidence that must be pursued. They should start by contacting the police officer! He may know something that is not on the report.
Good luck.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
