Expert: Charlie Barone - 11/2/2009

Question
I was hit on my left drivers side coming out of my work parking garage.  The lady said I was in her blind spot.  Since I was about to go up the hill out of the garage, the front of my car went in the air on top of hers and came down.  Her insurance company has claimed liability.  They are now saying there was prior damage not related to the accident on that same side.  I have not had an accident in that car EVER!  They also said the line down my passenger door is a door ding and that my alignment could not possibly be off from her hit!!  This make me angry because I have never had an accident in the vehicle and the lady hit ME!!!  Can they do this????  What can I do?

Answer
A liability carrier can be difficult to deal with, as one has no legal duty to you whatsoever. Their policyholder, on the other hand, does and that is where you need to apply pressure. Send a certified letter to the other party telling them that you will take them to court for any losses you sustained due to their negligence. Send a copy to their insurance company.