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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
    19,254

    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
    17,222

    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
    1,705

    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
    Jul 2018
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    1,733

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

    Quote Quoting The working Bee
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    do i not have the right to call a night after to claim an accident to other driver's insurance company?
    I'm not sure I understand the question. You DID make the call.

    Quote Quoting The working Bee
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    if i take this to a auto accident lawyer, what are the chances reopening this closed claim?
    That's up to the other driver's insurer.

    Quote Quoting The working Bee
    View Post
    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?
    Huh? If you were injured, you need to seek medical treatment, and I can't conceive why you were posting on an internet message board when you should have been seeking medical treatment.

    Here's how this works: If the other driver's insurer isn't going to investigate your claim, there are two affirmative things you can do. First, you can complain to your state's department of insurance. Second, you can sue the other driver. The other driver's insurer has a duty to the other driver to retain legal counsel to defend the other driver and, if reasonably possible, to try and settle the claim within policy limits. You can, of course, also get the damage to your car fixed by your own insurer (assuming you carried collision coverage), and your medical bills should be covered by your personal medical insurer. You may have a deductible and/or co-pays, and you can seek to recover those from the other driver (and, indeed, your own auto insurer will try to recover your deductible for you).

    Quote Quoting The working Bee
    View Post
    i only have liability on insurance


    Quote Quoting The working Bee
    View Post
    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?
    A lawyer may make things easier for you, but your lawyer can only work with the facts as they are. A lawyer can't change the facts, and nothing is certain in litigation.

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