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Auto Insurance Claims/fighting an insurance claim

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Expert: - 2/8/2010


Question
my wife was hit as she was leaving an intersection. On the scene she was charged with running a red light. She went to court and they non processed the charge. She had already filed a claim with the other parties insurance company and they said they will wait 4 the outcome of the case before sending any money.Well my wife beat the charge,the cop says he will change his statement, but they are saying that they are not going to pay. Could you walk me through the process i need to have them pay 4 damages. I don't have a lawyer.

Answer
You need to be able to prove that the other driver was negligent and your wife was not.  When a criminal or traffic charge is nol-prossed, this does not mean very much.  It just means they had insufficient evidence to prove she was guilty of the charge.  I'm assuming there is a dispute between the drivers as to what happened.  Is there an independent witness?  Do you have any evidence as to who was at fault?  If there is no evidence, they will take the position that their driver is telling the truth.

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Claims Guy

Expertise

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Experience

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators

Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.

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