Expert: Richard Hixenbaugh - 3/2/2010

Question
My son was involved in an auot accident. The other driver was cited at the scene for making an unsafe turn. My son was exiting a parking lot at a local college. He pulled up to oncoming street and was stopped at intersection. The other driver cut in front of him and clipped the front of his vehicle. The police found the other driver to be at fault and was cited. We submitted claim with Germania insurance who was providing coverage for the other driver. After taking statements from both drivers we are being told that they are denying this claim because of conflicting statements. Apparently their client is now saying my son ran into her even though all evidence says otherwise. I truly feel this company is trying to wash their hands on this claim even though damages were only $800.00. I have a $1000.00 deductible so my insurance is of no help. I figure I will need to pursue this in small claims court. What I would like to know is if there is anything I can do against this insurance company. I don't feel they are protecting their client and are trying to get out of covering this claim. Is their someone I can report this incident to to make sure they have done their due diligence here? Is there anything else I can do to try and get them to cover this claim.

Thanks

Answer
Hi Robert,

Insurance companies will often use slight mis-statement or minor statement conflicts to deny claims. In this case the fact that the damage are minor do not help either because they are counting on the fact that you will likely not file suit for such a small amount of money.

There is really no one to complain to. The state insurance department does not get involved in matters of liability determination or amounts of damage but instead focus on complaints involving insurance law or not living up to policy language.

About the only option you have is to file suit in small claims court. You will be suing the at-fault driver not the insurance company. You should visit www.nolo.com . They have good information on small claims court.

I hope this helps
Richard Hixenbaugh