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  1. #1
    Join Date
    Nov 2009

    Default Can the Insurance Co. Deny a Claim Even Though Other Person's Fault

    North Carolina

    My stepson had an accident at an intersection with stoplights, other party was ticketed by the police for failing to clear the intersection - she made a left turn in front of him. He filed a claim with his insurance company, only to be told they had dropped collision at renewal because he added his sister who had points (the vehicle is financed, so I'm not sure how they can do this). Finance company was never notified. His insurance co. is Farm Bureau. He placed a claim via the other party's insurance co (USAA) and was told the lady was out of town and would be back in 2 weeks. They couldn't do anything without her statement. Now they told him that he is 1% at fault and in NC, they don't have to pay if any fault lies with him. Apparently only 2 States can do this? This all sounds very convenient for them. Meanwhile, he still owes 11,000 on the vehicle. I've told him to get a copy of his sister's driving abstract and a copy of everything the insurance company sent him related to taking the collision off. What we need to know is, is there anything else we can do? Any recourse, other than arguing with the insurance companies or getting a lawyer? Are they really able to just decide he's 1% at fault and deny his claim?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Can the Insurance Co. Deny a Claim Even Though Other Person's Fault

    If he believes he can establish a claim against the at-fault driver in court, that's where his remedy lies. Unfortunately, it looks like he can only sue for up to $5,000 in NC Small Claims Court, so if he sued there he would waive any additional claim. The cost of repair is what?

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