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  1. #1

    Default Can at Fault Driver's Insurance Deny Claim from the Victim

    My question involves insurance law for the state of: virginia

    Hi, i recently got into an accident, police told me and the other driver to call our own insurance companies. we both made calls to our company, and following day, my insurance called me and interviewed, called other driver and had an interview as well. my insurance company called me back and said other drive is telling different story. So i called her insurance company and gave them the policy holder's info, and they said the file has been closed. its only been approximately 16hrs, I tried telling them its your policy holder's fault accident that happened night before, but insurance company kept on saying its already been closed. i asked them how its closed without calling me, only by listening to their policy holder's story. and they said what she said was that it was not her fault, i hit her so they closed it as not at fault. do i not have the right to call a night after to claim an accident to other driver's insurance company? i have pictures of both cars, road we were driving, and recorded driving that road the very next day. if i take this to a auto accident lawyer, what are the chances reopening this closed claim? my left shoulder, left hip and right knee is in pain, can this be enough reason to reopen the case if i hired a lawyer? thank you in advanced. its killing me because this happened friday evening. no law firm opens on saturday and sunday. its 2:55am sunday morning, can't go to sleep... please help.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,143

    Default Re: Can at Fault Driver's Insurance Deny Claim from the Victim

    The other driver's insurance company has no obligation to you PERIOD. They didn't run into your car. If you believe you have injuries that were the other driver's fault and the insurance company won't deal with you, you will likely have to go to court and sue that driver. Then their insurance company will defend and ultimately if they lose, pay the claim up to the policy limits.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,046

    Default Re: Can at Fault Driver's Insurance Deny Claim from the Victim

    Agree with flyingron.

    However, claims can be reopened with a keystroke on the computer if the other driver's insurance company has reason to.

    Describe how the accident happened and maybe I can give you an opinion about that insurance company's position.

  4. #4

    Default Re: Can at Fault Driver's Insurance Deny Claim from the Victim

    Thank you for taking the time to read and explain

    It was 1 lane on both direction, but the side i was on, becomes two lanes like 800ft before the signal light. driver in front of me shifted over to the left lane, and as i approached white line, i shifted over to the right lane. she was on the phone the whole time while this was happening, i passed her car by 3/4 of a car length, and she decided to shift over to right lane, and bumped my car. her vehicle got r/f bumper damage, and my car's got l/r quarter panel damage, it was an suv which struck my toyota solara, at that time, shoulder was slightly sore but no big deal, next morning, shoulder and left hip was sore, and by that same day evening my right knee has swelled up, and hurts to bend. when i reached out their insurance, she have told her insurance that i passed by the grassy road next to her, trying to beat her and i bumped in the right rear of her suv. as soon as i heard that, i went out and took pictures of the same road where the accident occured, no damage on grass what so ever. her insurance won't even take time to listen to me. i told my insurance, they wanted pictures, so i emailed them few pictures i took. now its still weekend, and the fact that i can't get any legal help is killing me...

    Quote Quoting flyingron
    View Post
    The other driver's insurance company has no obligation to you PERIOD. They didn't run into your car. If you believe you have injuries that were the other driver's fault and the insurance company won't deal with you, you will likely have to go to court and sue that driver. Then their insurance company will defend and ultimately if they lose, pay the claim up to the policy limits.
    they ran into me, i have pictures to prove where i've been hit and where the damage is on her car. can that reopen the case?

  5. #5
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,698

    Default Re: Can at Fault Driver's Insurance Deny Claim from the Victim

    Let your insurance company handle this. They're used to it and it's what you pay them to do.
    Don't make me quote Monty Python at you.

  6. #6

    Default Re: Can at Fault Driver's Insurance Deny Claim from the Victim

    i only have liability on insurance, what if they don't go the extra miles trying to reopen? im afraid that verdict will come out to be both at fault, and im gonna need to fix it on my own. if i hire a lawyer, would it be a smoother sail for me? any opinions?

  7. #7
    Join Date
    Oct 2016
    Posts
    3,133

    Default Re: Can at Fault Driver's Insurance Deny Claim from the Victim

    No, you pay for liability insurance specifically for this reason.

  8. #8

    Default Re: Can at Fault Driver's Insurance Deny Claim from the Victim

    well, tomorrow is monday, so i'll try to call up few lawyers and find out what they say and see what other options are out there. will update as it go. thank you every one.

  9. #9
    Join Date
    Mar 2012
    Posts
    1,336

    Default Re: Can at Fault Driver's Insurance Deny Claim from the Victim

    The story is missing the part where the police issued a ticket.

  10. #10

    Default Re: Can at Fault Driver's Insurance Deny Claim from the Victim

    *update*
    police did not give any ticket or police report, she helped us exchange information because the other drive wouldnt give me her info. so on monday morning, i got an email from my insurance company saying that the case is reopened. that same day, i went to go see the lawyer with pictures and all the infos i have, showed it to the lawyer, he didnt say things like yes its 100% other driver's fault, but he did say its pretty clear who's at fault by looking at the position of the damaged areas on both vehicles. i've sent an email to the lawyer of all the pics i got, and now i guess only thing i can do is sit and wait till other insurance accepts liability. thank you all very much for everything. you dont understand how frustrating it was on saturday evening can't contact anyone to get any advice... good thing i found this forum. again, thank you all, i'll update as i get emails.

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