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Auto Insurance Claims/Hit and run on parked vehicle

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Question
My neighbor across the street has accused my husband of hitting her car one day while coming home from work. She is confident of this based on the testimony of an eight year old little girl (whose mother so happens to be good friends with this lady as well). According to the little girl my husband hit her car. According to my husband, he did not. Our insurance company denied the claim after performing their own investigation. They say there is no evidence that our car came in contact with hers. We are very worried because the neighbor across the street is not determined to take us to court and somehow force us to be liable for this. Does she really have a case? I mean what are the chances they could somehow prove we did it, even though we didn't? I know when it's he-said vs she-said it can get tricky and I'm worried they wont believe us.

Answer
 Hello,

It really is not a case of "he-said vs she-said".  What it is, is a case of physical evidence.  If your car hit the neighbor's car, there will be evidence on both cars.  With regards to your car - does it have any damage at all?  If so, where is the damage?  Is it consistent with the damage on the other car?  

In order for the neighbor to "prove" that your vehicle struck their vehicle, she would have to present physical evidence to support her claim.  That would mean photos of both vehicles.  She might try to explain it herself.  That might work if the evidence was painfully obvious.  For example, paint transfer.  But, in addition to damage, she would also need to provide precise details as to how the vehicles came into contact.  Can the 8 yr old witness provide that?

My guess is that none of these elements of proof were met in the insurance company investigation, hence their denial. Assuming that was a genuine investigation, it is unlikely that she could convince a court.

But, strange things happen.  Can she sue you?  Yes.  Will she win? Probably not unless she has some pretty substantial evidence.

Legitimate evidence cases would require the services of an accident reconstructionist.  These specialists do not come cheaply.  I doubt your neighbor is willing to fork out that kind of money. Probably, it would be more cost effective for her to just file a Collision claim or pay for the damages out of pocket. Understanding, of course, that you have not detailed the extent of damages.

Bottom line, 2 points - if she is going to file a court claim, she'd better be prepared to prove it.  And, on the outside chance that someone in your family did it, the time is now to 'fess up!

Good luck

Jane Pytel
http://InsuranceExpertAdvice.com
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com

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Jane Pytel

Expertise

I can answer questions related to auto accidents, auto damage, auto theft claims, or personal injury claims. I am specifically suited to answer questions concerning insurance investigations and the effects of those investigations such as claim delays, claim denials, examinations under oath, or the special investigations unit. I can answer most any question that relates to proper claims investigations, or claims handling procedures and processes. I have authored several ebooks which provide claim guidance for consumers. Those books are available on Amazon Kindle: Power To Profit - will provide you with the knowledge you need to overcome the patterned obstacles that insurance companies will use to delay, devalue, or deny your valid insurance claim. The No Nonsense Guide to Accident Settlement - Teaches you how to manage your claim, how to identify the precise tactics likely to be used against you, and how you must respond.

Experience

12 years of experience with 3 major insurance companies. I hold an all lines adjusters license in Florida. I am well versed in claims handling, claims investigations, and industry standards related to both. The bulk of my experience stems from my 10 years as a police officer / detective. Building on that investigative experience, I became an SIU (Special Investigations Unit) Investigator. Accordingly, my unique expertise lies in the investigation of claims. What is necessary and related, what is not necessary and related? What constitutes a fair claims investigation? What recourse is available for consumers who suspect they are experiencing unfair claims delays? During the course of my experience, I became a certified trainer, instructing adjusters and investigators proper techniques for claims investigation and claims handling.

Education/Credentials
B.A., Communications, University of Miami 350 credit hours of intense investigative training, Miami Dade Police 80 hours of investigative training, various Federal Agencies, Miami, Fl Intensive Accident Reconstruction and Pedestrian Injury Analysis, NHTSA, National Highway Traffic Safety Agency, Oklahoma City, OK 2 weeks Auto Damage Appraisal, Winston Salem, NC Legal Principles Claim Specialist, AEI

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