Expert: Richard Hixenbaugh - 9/2/2009

Question
Three weeks ago I was in an accident that was witnessed by a police officer.  At the scene he assured both of us that the other gentleman (a term I use loosely) was at fault.  I filed a claim with my insurance co.  A few days later I was contacted by the other person's insurance adjuster and in the course of the conversation I learned that he never opened a claim...my insurance adjuster did.  About a week later my insurance adjuster called to tell me that the other claimant had gotten a lawyer, was claiming injury (which there was none) and the other company couldn't accept liability.  Since then the police officer has corroborated my side of the story to my and the other insurance companies, but we still can't get the other company to accept liability as the other person will not cooperate...meanwhile I have had to pay my deductible and rental car.  How long can the other guy not cooperate?  How on earth can he keep claiming he's not at fault???

Answer
Hi Theresa,

The other driver can claim anything he wants. This can go on for as long as needed until the other drivers lawyer realizes that his client is lying and he drops the case. This is likely a situation where they are just trying to see if your insurance company will back down and pay them some money in order to close the case. You just need to be sure your insurance company does not do this. Let them know that you do not want them to pay this claim under any circumstances. Eventualy the other company will accept liability and will reimburse your insurance company and you will get your deductible back. However this could take several months.

I hope this helps
Richard Hixenbaugh