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malandrina | A few days another driver hit my car, so i followed guidelines called the police filed a calim(he was found at |
at fault i went to get the estimate(672) but his insurance wont pay for it because of so called confliciting stories!! i have the police reports that say he is at fault how is that conflicting what is the point of filing a police report if they are going to take his word over the police report... what can i do so they pay the damages to my CAR!!! are they legally obligated plus here the kicker we both have the same insurance!!!! ugh please help
Additional Details
yes i sent them the police report off the bat, |
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Crystal K
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You need an attorney and at least where i live the attorney wont charge you if you lose the case |
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mamatohaley+1
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Did the police officer witness the accident? If not then how does he know who is at fault. He can make a determination of who he thinks is at fault but that by no means make an insurance company legally obligated. The insurance company does their own investigation and comes up with their own liability determination. It is not uncommon to deny a claim for word vs word. They are standing by their insured's version of loss since there is no proof to the difference, that is what he pays his insurance for. Even though you have the same insurance company they are not working under your policy so they are not working for you. You need to file a claim under your policy. That will get an adjuster working on your side. If you are not successful then your other option is small claims court. In the future remember that a police report is important but does not always help in the liability investigation the insurance company does. Independent witnesses are much, much more important.
With regards to the suggestions to get an attorney. Bad advice - not worth your time for such a small claim. You would end up paying attorney more than the damage is worth. Furthermore, insurance companies are not scared of attorneys contrary to public belief. Maybe annoyed by them but not scared and they will miraculously change their claim just because an attorney is involved. |
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Ced Reynolds
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Heard of a similar situation years ago. The insurance company did end up paying. Using an outside attorney got the attention of the insurance company real fast. The attorney didn't do much different than the claimant was intending to do. The difference was the weight the attorney had because they knew the law. Remember claims adjusters are not attorney's but the decisions they make legally bind their employer. A good attorney will bring heat to an adjuster and eventually the insurers attorneys. Believe me they really don't want that for a mere $672.
The person I'm referring to who won their case because they had a prepaid legal plan that provided for trial defense as part of their small monthly service fee. |
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Expert Realtor
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The police DO NOT determine the fault of an accident. I guarantee no police officer told you that.
The police simply document the accident, give a ticket if it was warranted, and it's up to the insurance companies to battle it out.
Police reports are also not fully accurate. I was in an accident when I was in college where the police report did not mirror the accident....I came to find out later that the person that hit me was an attorney and he was friends with the police offer that took the report.
You can bet your bottom dollar a complaint was lodged against both. |
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irish whiskeyhammer
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Write your insurance company a letter telling them that you have the burden of proof and that you want it paid within 10 days. You have to mail in certified return reciept requested. If they do not comply, file a complaint in small claims court for the amount of repairs plus and loss of work and any other expenses u have occured. You will need three things to win this case. 1. the police report showing the other party involved was clearly at fault. 2. three estimets for repaires from three different auto collision repair dealers. 3. all reciepts for money paid out of pocket due to this. try to get something from your employer, stating your time off of work and the loss of pay you have encountered. Don't forget the letter you wrote them as well...this shows you have made an attempt to resolve this without the courts getting involved. ou do this and you will win hands down. |
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Bri
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Insurance Companies will try anything they can to decline payment or to lower the payout as much as possible.
The only way to get them to pay right away is if you have some sort of leverage on them kind of like haggling. If you have a injury and claim a huge amount they will then try and settle for cost of the vehicle. or what ever is the least expensive.
Seeing how they are going to try and wait you out you will have to get a lawyer and take them to court. But seeing as it is a small amount of money the insurance co is betting that you wont b/c it will cost you more to pursue it than you would get back. A lawyer will probably not take the case due to it being such a low amount not worth his time.
One thing that can be done is a class action suit. If the insurance company is consistently short changing over people and you get them all together you could sue them over breach of contract or something like that. But it is such a hassle and takes so long that nobody does it. That is way they keep doing their best to not pay anything. Crooks! they are also usually owned by banks so you do the math. |
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jellybelly
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Did you already send the police report to the company? If not, you really need to. There really is no way they can deny it.
Sometimes it can take up to 12 weeks for the insurance to receive the police report. It will go much faster if you hand deliver them a copy of it.
EDIT-Wow that really sucks. The only other thing you can do is take the other driver to small claims court. I would also change insurance and I think you should let us know what company it is. Your estimate is pretty small for a car wreck and they are being as*hats by not paying it. I am pissed for you! |
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mbrcatz
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They aren't legally obligated to take anyone's word, except their client. They aren't legally obligated to pay, until a judge says so.
Police do NOT determine fault. There are "standards of fault", and I've seen police who've written reports that ignore them. It's possible that there's no conflict, that you and the cops are just WRONG about what the standard is. For example, if that guy hit your open car door, YOU are at fault, even if your car is parked. Opening and closing car doors is a standard of fault.
Anyway. You have two options: 1. if you have collision coverage on your car, file the claim through YOUR policy, and let the adjuster worry about getting reimbursement through his policy. or if you don't, 2. take him to small claims court for his damages. But you'd better be darned sure what the "standard of fault" is for your accident - NOT just your opinion, or the police officer's opinion. |
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