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Auto Insurance Claims/Should claim be denied?
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Question
2.5 months ago I was rear-ended by a truck. We were sitting in traffic and were not moving more than 15 mph. She claimed she was hit and pushed into me, and that the truck behind her drove off. I saw the truck behind her leave but am unsure if he actually hit her. It took her insurance company 2 months to take pictures of her bumper. She had very minimal damage, so little that she does not want to get her car repaired. Unfortuately my bumper is plastic and is split and needs to be replaced. My deductible through my insurance is greater then the cost of repairs so I am on my own trying to get her insurance to pay for my repairs. I got a letter denying the claim stating that since their insured claimed she was hit into me that they are denying my claim. Does she not carry any liability for not maintaining space? The lack of damage to both cars should show that we were moving at a low rate of speed. Do I have any chance of getting her insurance to cover damages after they have denied my claim? I feel like the little guy fighting the big insurance company!
What a frustrating situation. There are a lot of grey areas here. The driver that hit you is responsible for maintaining space, but only the space needed to safely operate her own vehicle. Did she have damage to the rear of her vehicle? I can't see how even at 15 mph, a car could be rear ended hard enough by a truck to push it into another truck and not have significant damage.
I would get the name of the local claims manager. Not the adjusters supervisor, but that person's boss. I'd write a letter explaining that the damages do not back up their insured's claim and demand payment for your bumper. Explain that if they do not pay for your damages within 10 days, you will be filing suit in small claims court. If they do not pay, then I'd follow up promptly and file.
Please let me know how it turns out. Good luck!
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Answers by Expert:
webfoot
Expertise
Auto damage, liability, insurance fraud. I am a full time auto insurance adjuster with experience in collision, theft, liability and fraud investigation. I am also an ASE Master Auto Tech and I-Car Collision Platinum certified. My experience includes 15 years in the auto repair industry, a B.S. in Criminal Justice, Law enforcement and auto insurance. ****** NO "PRIVATE" QUESTIONS WILL BE ANSWERED. I HAVE FOUND THAT NEARLY ALL PRIVATE QUESTIONS COME FROM PEOPLE WHO ARE CONSIDERING OR ATTEMPTING TO COMMIT FELONY INSURANCE FRAUD AND I'M NOT HERE TO HELP YOU! ****** I AM HERE TO ANSWER AUTOMOTIVE REPAIR, CLAIMS PROCESS AND SOME SIMPLE LIABILITY QUESTIONS. I CANNOT ADDRESS COMPLEX LIABILITY SCENARIOS WITHOUT HAVING ALL OF THE INFO FROM BOTH SIDES IN FRONT OF ME. QUESTIONS ABOUT PREMIUMS OR HOW INSURANCE IS RATED SHOULD BE ADDRESSED TO YOUR PERSONAL INSURANCE AGENT WHO KNOWS A WHOLE LOT MORE ABOUT YOUR HISTORY THAN I DO. I'VE NEVER SOLD INSURANCE AND DO NOT KNOW IF YOUR INDIVIDUAL INSURANCE RATES WILL GO UP IF YOU MAKE A CLAIM. THOUGH I'VE HANDLED SOME VERY MINOR SOFT TISSUE INJURY SETTLEMENTS, I PREFER NOT TO ANSWER INJURY RELATED QUESTIONS. I'M NO INJURY EXPERT AND I'LL LIKELY SAY SOMETHING TO HURT SOMEONE'S FEELINGS AS I BELIEVE THAT MANY SOFT TISSUE PAIN AND SUFFERING CLAIMS ARE OVER DRAMATIZED. UNLIKE MANY OTHERS, I AM ON THIS FORUM AS A VOLUNTEER WITH NO PRODUCTS OR SERVICES TO SELL AND PROMISE AN UPFRONT ANSWER BASED ON MY EXPERIENCE IN BOTH SIDES OF THE INDUSTRY. IF YOU PROVIDE ME WITH A HONEST VERSION OF EVENTS, I PROMISE A CANDID AND HONEST ANSWER IN RETURN. I CANNOT ADDRESS ALL CLAIM SCENERIOS DUE TO DIFFERING STATE LAWS AND REGULATIONS, BUT WILL DO MY BEST. PLEASE REMEMBER THAT AN HONEST ANSWER MAY BE ONE THAT YOU DON'T LIKE SO IF THAT IS GOING TO BE A PROBLEM, PLEASE DON'T ASK THE QUESTION. LASTLY, I DO NOT ACCEPT RATINGS AS I DON'T DO THIS FOR RATINGS AND WISH TO SPEAK FREELY.
Experience
20 years in automotive industry, Currently in insurance claims, worked actively as technician and shop owner until about 10 years ago. Current ASE Master Auto Tech and I-Car Platinum Collision Certifications, B.S. Criminal Justice and 10 year auto insurance/extended warranty background
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