Expert: Richard Hixenbaugh - 5/24/2011

Question
QUESTION: My insurance company made a quick decision that I am at fault based on other driver story and settled the claim. I tried to ask them to get an crash expert to review the story because it was not true.  
Is any direction I can go to get a review or file a claim aginst the driver's insurance?
Thank you!

ANSWER: Hi Sofi,

When you buy insurance, you are giving the insurance company the right to determine fault and pay claims. They are experts in making liability determinations. Sometimes they do get it wrong but it is ultimately their decision.

If you do not agree with the decision, you should call the claims manager and ask if there is a process to dispute their decision. However, in this case if they have already paid the other side, I doubt you will be able to get the other insurance company to pay you.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: Thank you Richard.

So I can file a claim against other driver's insurance, right?
I mean they have to allow me to file a claim, give me a form, and they would have to give me a reply?

When they decline to pay, then can I take it to court the same way as for example in case if I do not have insurance at all?  
Thanks again,
Sofi

Answer
Hi Sofi,

You can file a claim with the other persons insurance, however, if they know that their insured has already been paid by your insurance company they will send you a claims denial letter stating that your insurance company has already accepted liability. You should start with the claims manager at your insurance company. Ask them to provide you with an explanation of why they decided you were at fault.

I hope this helps
Richard Hixenbaugh