Expert: Anne - 1/2/2009

Question
Hi my name is julie. i got into a car accident where i was not at fault. the
person in the other car who hit me was not insured by his mom's insurance.
on the police report it says he is at fault. i made contact with there insurance
and took my car to their adjusters to appraise my car and completed all the
neccessary paper work.the accident happen on oct. 5 2008 and i still havent
gotten my car fix because the other driver and his mom have to take a sworn
testimony accepting fault so they can pay me for the damages. they have
missed 2 appointments made by their insurance and now we have another
appointment on the 14th of january 2009. i think i have been patient and i
was wondering what else can i do to have my damages fixed if they dont
show up for this appointment? also he was issued a citation and i went to
court and he didnt show up and because the office didnt charge him with the
correct citation, the judge said my story conflicted with what he was charged
with and was found not guilty for that citation. does that affect in any way my
claim? thanks for reading i know it was long!

julie

Answer
Hello Julie,

Something does not add up here. Usually insurance companies ask for sworn statements face to face if they suspect fraud. They could be worry that there is no coverage on his policy. They might be looking for a recorded statement, not a sworn statement, in which case this might be different.

Your only move here really is to get your own insurance company involved. They will do an investigation and get the damages paid for. After that, your insurance company will have to go after his (or his mom’s).

You will get coverage if you carry collision in your policy, but if you do not, then you are going to have to take matters on your own hands and pressure him, her, and the insurance company into paying for your car (you have waited enough). You might consider taking them to small claims court. Before you do that, please visit:

http://www.auto-insurance-claim-advice.com/small-claims-court.html

I hope this helps some,

Good Luck
Anne