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Auto Insurance Claims/Re: Auto Accident

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Question
I was in a gas station in NY on a northbound line waiting for gas. There is only 1 island with two pumps. A southbound car entered the station from the opposite direction and instead of getting on the southbound gas line the driver tried to circle around and cut into my line (northbound) hitting my car on the driver's side rear door leaving a huge dent. Her insurance company is only willing to pay 10% even though she was going in the wrong direction to begin with, She HIT me, she left the scene of the accident, and I'm not sure if the driver is even on the policy as the car is registered to someone else. I waited for the police and have a report to that effect  (there is no damage to her car) I'm trying to go through her company and believe they should pay 100% since it is her fault. Do I have any recourse?  Thank you in advance for your help.

Answer
Without knowing the reason why they only offered you 10%, I'm going to assume they have assigned 90% negligence to you.  The version you provided would place 100% negligence on the other driver, so my guess is that the other driver has provided a different version to them.  In tis scenario, your options would be:
1. use your own collision coverage and ask them to file arbitrstion against the other insurance carrier.  An independent arbitrator will decide who owes what.  If your company wins, you will get your deductible back.
2. file a small claims lawsuit against the other driver.  If you win, the other insurance carrier will have to pay you.
3.  File a complaint with the state insurance department.  But this will only work if the other company did not properly investigate.  If this is a case of disputed liability, you probably will not prevail with them.

Good luck!

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Claims Guy

Expertise

I am currently an Auto Claims Manager for a large insurance company. I have 20 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 20 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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