Expert: Anne - 8/4/2008

Question
I was in the doctors office and my car was parked right in front. A car pulled next to mine and hit my car. The receptionist watched the entire incident. I called the police and filled a report,and the woman was cited for having no drivers license. I contacted the owner of the cars insurance company, filed a claim.The company sent out a appraiser, the damages were $700. I just received a letter saying they denied my claim because they can't get intouch with the owner of the car(which is the driver's husband).My company wont go after the other company because my deductible is higher than the estimated damages.How is this fair and how do I proceed?
Sincerely,
Tiffany

Answer
How is it fair? It is not. How do you proceed?

Well, you are in a hard spot and it will take some of your time. It is very “crappy” what the other insurance company is doing to you.

Most of the time (99% of the time), the insurance company will look at your statement, a policy report, and an independent witness (the receptionist) and make a call.

Even if they clients tells them that this accident did not happened or that he is at fault, they would probably pay because the accident is clear. There is simply too much evidence against them.

In any event, what would you do in this case? You can wait and see if this person ever shows up or you can file in small claims court.

Filling in small claims court can be a hassle, but you can do it. The filling fees and the service of process fee will be refunded to you by the court (if the process server is a registered person).

You can name both, the husband and the wife. Just by doing this, the insurance company will have to either settle with you or they will have to wait and see what a judge does. If a judge gives you a judgment, then the insurance company must pay, no matter who talks to who.

I hope this helps some.

Good Luck
Anne,
http://www.SpokaneLegalHelp.com