Expert: Richard Hixenbaugh - 7/22/2011

Question
My daughter was in an accident two weeks ago.  The police were called and there was an independent witness who supported my daughter's version, which is that the other driver was at fault.  The police report, under contributing factors listed "none" for my daughter and "failure to yield" for the other driver.  The narrative supported this as well.  No one was cited.  Although the witness' contact information was contained in the report, her statement was not.

I reported the accident to my insurance company, but didn't file a claim because it was the other driver's fault.  Upon receiving the police report, I filed a claim with the other driver's insurance company.  They are disputing liability because their insured says it was my daughter's fault, although they are planning to contact the witness.  The claims adjuster said that the police report does not affect their decision because there are conflicting stories.  

I have gotten an estimate for the repairs to my car and they will only be $250 more than my deductible.  Should I file a claim with my insurance company so they can fight it out with the other insurance company or is it likely to cost me more in the end due to increased policy amounts?  My daughter is under 18 if that matters.

Answer
Hi Jenn,

You should contact the at-fault persons insurance company and demand that they accept liability, demand that they obtain the police report that shows their insured was at fault and demand that they contact the witness to obtain their statement. Do not take no for an answer. If the adjuster is not working with you, ask the speak to the supervisor or claims manager. Keep pushing the matter further up as needed. If your information and evidence is good, you should be able to get them to accept liability. If they do not then you can file with your insurance. If it is ultimately determined that you were not at fault, there will be no affect on your premiums. The only other alternative would be to file suit against the at fault driver in small claims court. You would have to subpoena the police officer and the witness to testify in court.

I hope this helps
Richard Hixenbaugh