Auto Insurance Claims: at fault?, state insurance commissioner, brand new cars


Question
i was drving frnds car----was involved in accdnt. girl--made a u-turn hit me. ltn. police officer out of his jurisdiction understands that girl hit me, no police report was filed. this officer is willing to go to court for me and testify. can not file under friends' insurance due to him being "misquoted" and they honoured price. he pays 800 dollars a year full coverage for 2 brand new cars. he has had 0 claims. damage to my car 2100--per at fault persons ins. adj!! ins company tells me they are not going to pay due to conflicting stories. police officer even told them what happened. ins co. knows no report was made. Ins co. says my story and their insured stories "conflict" . police officer left since he thought we were exchanging info. ins'd persons dad gave me his info. he did not give me daughters name-----she appeared to be 12 years old. how can i find out this childs age? he is a former retired military guy, now a teacher in public school system. this accident happened 3 1/2 hours away from where i live. this seems impossible----please help or advise. thank you!

Answer
Dear Gina,

I will try to help, but your version of the facts is kind of mixed up, so you might have to let me know if I cannot make out what happened.

For example, at one point you mention that you were driving a friend's car, but later on you state that there was $2,100 damage to YOUR CAR.  

The short cut through all of this is to use your own insurance if you can.  THAT will get your medical bills taken care of and damages to your car or to your friend's car.

Next is look into the denial of coverage by your friend's company, and also the refusal to pay by the third party company (the company of the driver who caused the accident).  ONLY AFTER you have done the steps below will it be time to involve your state insurance commissioner.  http://www.settlementcentral.com/links.php

Hopefully your insurance commissioner is consumer-orientated (many are just tools of the insurance industry).  We will hope for you that your insurance commissioner has even half the consumer help as our nation's best insurance commissioner: Washington state's Mike Kreidler.  Look at the website of Commissioner Mike Kreidler as an EXAMPLE OF EXCELLENCE, and let your own state commissioner know that you would like him to provide similar consumer help.  http://www.insurance.wa.gov/

Next, as to the tortfeasor (that is the one who caused the accident), I would make the officer put his statement in writing and put your statement in writing and then submit them.
Auto accident witness statements http://www.settlementcentral.com/page0196.htm

As for the age of the driver, this might be an important inquiry inasmuch as she might be a driver under training, and if she did not have an experienced licensed driver with her, she could be in violation of the statute.

I would use the state requirement of filing an accident report.  First, call your local police and ascertain the requirement for filing an accident report form.  Usually it is required if there is any damage in excess of $500 or so.

You obtain the form and file your version and then ask the state department that handles that topic to make a request of the other drive to file her copy of the report and you then ask for her copy, which will show the driver's age.

Do not become discouraged if this seems like a bit of work: it is all simple enough, and it will just require a bit of effort on your part.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com