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Auto Insurance Claims/claim settlement don't have collision coverage

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Expert: webfoot - 9/6/2007


Question
Hi Webfoot,
I'm writing to you from Seattle. I have liability but no collision coverage and I'm trying to settle a claim with the insurer of the person who hit me. It happened in a parking lot - I had already backed out and was ready to drive forward when I was hit (drivers side rear corner) by the guy backing out behind me. When I went to call in the accident the police said they wouldn't come out since it happened in a parking lot. Since the fault of the accident was very clear, and I didn't want to rely on my word against his, I went into the store and bought a disposable camera and documented  the accident from several angles (if you want I can send you the photos). I've sent these photos to both my and his insurance company.
Today it's been 30 days since the accident, and it has been very difficult dealing with his insurance company. At first they claimed that they couldn't get a hold of their insured, and that they couldn't do anything until then. Today, at the 30 day mark, when I called them, they told me they had a duplicate claim number, gave me a new one, reassigned the adjuster, told me that they had talked to their insured in early August (contradicting what they had told me earlier), and are telling me that he claims I backed up into him. This is clearly false (you can see in the photos that I am in the exit aisle ready to drive forward, and that he is only half way out of his parking stall when he hit me). But they are sticking to it and doing nothing. My question is - what can I do at this point to get the claim settled? I am writing to the Insurance Commissioner, but I'm not sure how effective that will be. Thanks in advance for any advice you can give me!
Thanks, Stefan

Answer
You can sue him in small claims court. Make sure that you serve the insurance company as well.  The Insurance Commissioner does not get involved in 3rd party disputes.
Once you file suit, I'm sure that a settlement will progress very quickly.

Good luck!

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webfoot

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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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