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  1. #1

    Question Car Damaged in Parking Lot and Claim Denied

    My question involves insurance law for the state of: GA


    In January of this year, I was hit by another car in a Walmart parking lot. The driver was behind me but speed around me as I was approaching the stop sign and she didn't quite make getting past my car before she swerved into the lane I was in. My car suffered damage to the drivers side quarter panel & wheel. I called the police for an accident report and one was made, listing the other driver as the At-Fault driver. I followed up with her insurance company but received back a letter stating that the claim was denied due to a fraudulent claim. The driver swore it was not her afterall and that the car was never in a wreak. I contacted our state insurance commissioner but they sent a letter to me stating they do not look into cases involving an insurance companys refusal to pay on a claim. I am at a total loss of what to do next. All the lawyers, even my personal one I've used in the past for divorce has explained that because the accident happened inside the parking lot of a store, it is considered private property and no lawyer will touch it. I thought perhaps I might try getting some additional input. I hope so ! Thanks for your time and help in this matter.

  2. #2
    Join Date
    Jan 2006
    Posts
    25,770

    Default Re: Car Damaged in Parking Lot and Claim Denied

    what has your insurance company said about this?

    as to proof; you do have a police report, yes?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3

    Default Re: Car Damaged in Parking Lot and Claim Denied

    i did contact my own insurance company but because i carry only liability, there is nothing they can do. my agent recommended contacting the insurance commissioner but that was not successful either. yes, i do have a police report.

  4. #4
    Join Date
    Oct 2009
    Posts
    158

    Default Re: Car Damaged in Parking Lot and Claim Denied

    You've not purchased collision coverage.
    Other driver's not covered due to fraudulent claims.
    Looks like it's time for small claims court.
    (I'm not a lawyer.)

  5. #5
    Join Date
    Jan 2006
    Posts
    25,770

    Default Re: Car Damaged in Parking Lot and Claim Denied

    sounds like you have little choice but to sue the other party. If you are willing to pay an attorney by the hour, I do not see why you would not be able to find an attorney to represent you. Depending on the amount of damages, you might consider magistrate court. It appears their limitation is $15000. The magistrates court is more informal than higher level courts so representing oneself is easier.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  6. #6

    Smile Re: Car Damaged in Parking Lot and Claim Denied

    thank you !

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