Auto Insurance Claims/Rear ended


I was rear ended and the guy was given a citation, but when we went to court, the judge noted the citation and ask me and the other parties did we see any reason why the guy should pay the fine an could the ticket be dropped??? I answered her by stating, If the gentlemen insurance company would still take care of our claims, then I wouldn't have a problem with it! WAS THAT WRONG for me to do or will the guy insurance company still have to pay for the damages to our cars. The police report stated what happened and show he was at fault.

 Hello Tyree,

You've appeared in court and the claim has not previously settled?  In my experience, property damage claim settlements should have been settled long before the weeks or months it takes to get to a traffic court.

Setting that aside, let's take a look at the judge's actions.  I feel like something is missing here.  Why would the judge want the ticket to be "dropped"?  Was it because the judge did not agree that the other driver had rear-ended you?  Why would he need your "permission" to determine the other driver's fate?

Certainly is strange.  I don't think you were "wrong" to look out for your financial interests ahead of the other guy's problems, but it certainly is "wrong" to find someone not guilty when it would appear that he is responsible for the accident - at the expense of innocent drivers.

Now how this will effect the insurance claim is another matter.  When claims are filed, insurance companies are obligated to conduct their own independent claim investigation.  Ordinarily a rear-ender is pretty cut and dried.  I can't see where there would be a delay - unless the other driver somehow connived the adjuster into waiting to see what occurred in court.  That would certainly be improper as it relieves the insurance company of its duty to investigate and it places an unjust time delay on your settlement.

You don't say what the judge ultimately decided, nor have you detailed any discussions you have had with the insurance company.  But if I were you, I would insist (politely) on a fair settlement for your damages.  I'm hard-pressed to figure out how the other driver would not be responsible.

If the adjuster refuses to cooperate, call the company directly with your claim number and ask for the name and phone of the claims manager for this claim.  Contact that manager directly and demand (again politely) a fair settlement, or at the very least a specific reason why they are not responsible for your damages.  

If they deny your claim, they have to provide you with a written denial, citing the reasons for the denial.  Your only possible option in that situation would be to consider small claims court where you would sue the other driver directly.  You might want to consider a legal opinion in that event.

For more detailed information, you can visit my website,
You'll find some informative consumer articles there on how to deal with insurance companies.

Good luck.

Jane Pytel

Auto Insurance Claims

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Jane Pytel


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.


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.

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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