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  1. #1
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Driver That Hit My Car Admited Fault, His Insurance Denies Claim

    Make sure you carry full coverage insurance that will replace your car and don't let the check bounce. You can attempt to sue in court for damages.

  2. #2
    Join Date
    Aug 2012
    Posts
    1

    Default Driver That Hit My Car Admitted Fault, His Insurance Denies Claim

    My question involves a traffic accident in the State of: Missouri.

    Accident happened when another driver took her eyes off the road, went into my lane and hit the side of my car.

    She admitted fault and kept on apologizing and when the police arrived she gave them an exact statement of what happened, pretty much she admitted fault stating that she took her eyes off the road for a second and when she looked ahead, a vehicle in front of her came to a complete stop and she was trying to avoid rear ending that vehicle and ended up in my lane hitting me.

    Our vehicle which BTW we were saving up for a long time to buy outright was totaled and had to be towed from the scene.

    Although she admitted fault and stated everything in the police report things started to change when her husband arrived to the scene and he was very upset that she admitted fault, to make things worse he is a lawyer so i knew things will not go smooth.

    When i picked up a copy of the police report everything was fine and it showed her original statement and drawing which showed what happened but on the last page it showed that she called the police station and wanted to change her statement to say that i was making a U Turn when the accident occurred which is not true.

    I filled a claim with my insurance and then with their insurance, i only have liability and to make things worse my insurance payment bounced and went through the next week and my insurance says at that time i was not covered therefore they were not able to help with the claim, after talking with her insurance for almost 2 weeks they said that the stories don't match up and that the police report is useless and they will go by their insured story and will not pay me for damage to my car.

    They never gave me anything in writing, i talked to about a dozen of adjusters and every time they had something different to say, they never came to look at my car, i have pictures from the scene which show the vehicles smashed together and her vehicle all the way in my lane facing wrong way.

    I tried calling different attorneys but since no one was injured they are not interested.

    What do i do now?

    I do not have money to fight insurance company, if i sue the driver i heard it will take forever and cost more than what i can afford.

    We do have another vehicle but it is nearly impossible to get around since we both are full time employed and one of us is constantly waiting on another.

    We are not looking for anything just our car to be fixed or replaced that's all.

    Do we ever have a chance for this claim ? What should we do ?

    - - - Updated - - -

    Ok so after multiple calls were made to the insurance we asked that we speak to an supervisor or someone in charge. After we requested that they send us an written explanation for all the reasons they are denying the claim she said that she feels like someone in "team 2" made an unfair decision and that she will open the claim again and someone will call us Monday. Only thing that worries me is that she said that she will try but she does not believe that they will cover all the damage.

    Should i just take whatever they offer?

    What happens if they offer half of my cars value and i refuse to take it ?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Driver That Hit My Car Admitted Fault, His Insurance Denies Claim

    If you choose not to carry collision coverage on your own vehicle you will be at a disadvantage in situations like this; in your case, however, it appears that the larger problem is that your insurance was lapsed so even if you had collision coverage prior to the lapse your insurance company would likely be telling you the same thing.

    You can sue the other driver and see whether you can prove your case in court. Her insurance company denied the claim and you didn't have collision coverage (or, it would seem, any coverage), so it appears that what's left is to sue her. If that takes a long time or if you sue and lose, sorry, that's what can happen in court. If you want her to pay, you can't avoid fighting her insurance company - if you sue the other driver and she's covered for the claim, her insurance company will defend her.

    It's up to you to determine whether the next offer you receive, if in fact the insurance company makes an offer, is adequate. If your refuse to settle, you're back to having the choice of suing.

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