Auto Insurance Claims/Denied in an auto claim
I am vehicle 1 and the other driver is vehicle 2.
I was driving on a main road and came to a intersection with a traffic light. I was making a left hand turn. This intersection has a turn only lane and a straight lane in the direction I was traveling, and a turn only and two straight lanes in the direction vehicle 2 was traveling. I was at the stop line as the car in front of me took their left turn I moved up because I thought I had enough time to gobehind them. I did not because there was a car I could not see so I stayed where I was. The light then turned yellow and I started to make my turn I did see a car coming in the opposite direction about four car lengths away from the intersection and determined that he had enough time to stop at the light. Vehicle 2 accelerated and hit my rear passenger panel with his front passenger bumper/headlight. There was a witness who stated that vehicle 2 ran the red light.
The police report however says that both parties stated they had a green light. The officer will not change his decision nor did he get the witnesses statement.
My insurance company got the witness statement and denied vehicle 2's claim against me.
Vehicle 2's insurance company however has been nothing but headaches. After only an hour of 'reviewing' the claim they denied me. They also made their decision without the witness statement as we requested my insurance company forward the statement to them. They went off of what my insurance company told them. They are not willing to do any research in the matter.
I don't know what my chances would be at a court appeal. I did contact the chief of police in my town to see if he could look at have the report 'completed' and also into the state police seeing if I can get a copy of the video in that intersection if there is any.
I don't know what else I can do since my car is a total loss.
If you have collision coverage, just let your own company pay the damages for your car. But if not, then go to court. In my opinion, a fair judge would award each of you 50% of your damages, maybe more for you depending on how well the judge likes your witness. Subpoena the witness. And get the eBook Total Loss Auto Deluxe at UClaim.com for in depth advice on this.