Expert: Richard Hixenbaugh - 4/10/2009

Question
Hi,
About a month ago I was following a car down my road. He made a right onto a side street and came completely out of my lane. Then, he proceeded to do a U-turn on that road, did not see me as I was continuing down my road and hit the right side of my car. According to the police report it was clearly his fault and he got a ticket. I got it assessed to $1500 damage and his insurance company was investigating it. After a MONTH of trying to get in touch with his adjuster from Allstate, the lady tells me that I am at fault for the accident for illegally making a pass. The other guy claims he was not out of my lane when he began his U-turn. So, they are refusing to pay for my damage. I only have liability so my insurance does not pay either. Apparently insurance companies don't use police reports to determine liability. How do I go about fighting this?

Answer
Hi Jillian,

This is unfortunate but does happen often. You should send a letter to the Allstate Adjuster telling them that their insured is not telling the truth and that if they do not pay your claim with in 10 days that you will file suit against their insured.

If you do file suit, it would be against the at-fault driver not the insurance company. You would file suit in the county where the at-fault driver lives. The insurance company would then have to hire him an attorney. Since the amount of damage is so low, you could file this in small claims court and represent your self. You will need a copy of the police report and your damage repair estimate. You would tell your story to the judge and so will the other side. The judge will then make a decision based on the completeness and truthfulness of the testimony.

I hope this helps
Richard Hixenbaugh