Why don’t the insurance company want to be held responsible for my accident when it’s there client’s fault? 10 Answers as of January 24, 2013

I was coming down the street where I came to stop. A guy backs out his driveway and hit the back of my car but his insurance company don’t find him responsible even after he state in the police report that he struck me.

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The Law Firm of Kristina L. Combs, PLLC
The Law Firm of Kristina L. Combs, PLLC | Kristina L. Combs
Keep in mind that the insurance company represents their insured, not you. It is best to contact an attorney right away to protect your rights. Insurance companies can be difficult to deal with even with an attorney. You also have a statute of limitations (time to file) on your claim. A lot of attorneys will not take your case if you wait too long or if you already started the negotiation process with the insurance company so it is best to seek legal counsel immediately. Most attorneys will give free consults for auto accident cases and work on a contingency fee (they don't get paid until you get paid).
Answer Applies to: Texas
Replied: 1/24/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Sue him in small claims court. Get the clerk of the court to issue a subpoena for the cop. You may have to pay an up front fee to have the cop appear.
Answer Applies to: California
Replied: 1/21/2013
Law Offices of Mark West
Law Offices of Mark West | Mark West
It does sound somewhat odd if there is an admission of fault at the scene and the other driver was entering the street while you were already on the street. Generally the person who enters the street and strikes someone will be the liable party. However, there could be other facts. Were you stopped legally on the street; i.e. at a stop sign or intersection? Or, did you stop somewhere random on the street? Do you have comprehensive/collision insurance on your vehicle? You should submit the claim to your insurance and let them fight with the other insurance company. Are you seeking compensation for bodily injury? That may be the part the other insurance company is denying; they may believe you were not injured in the accident and on that basis are denying the claim.
Answer Applies to: California
Replied: 1/21/2013
Matthew D Kaplan LLC
Matthew D Kaplan LLC | Matthew D Kaplan
The Insurance company is hoping you will just go away. You should find an attorney to represent you.
Answer Applies to: Oregon
Replied: 1/21/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
If the other driver is at fault and it is clear to everybody then the carrier owes you whatever damages there are (if any?) you are not likely to get much for a bump but whatever the real damage is you are owed.
Answer Applies to: North Carolina
Replied: 1/21/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    From what you have described, it sounds to me like the other guy is at fault. You should ask the other insurance company why they won't pay and get the answer in writing. My guess is that they feel you contributed to the accident somehow; maybe by speeding. I don't know. Get with them and ask. Now, if you have collision insurance, you can make a claim on it and let your company worry about getting their money back from the other insurance company.
    Answer Applies to: Alabama
    Replied: 1/21/2013
    John Russo | John Russo
    Just because as you allege, he stated he hit you does not in and of itself determine fault, and liability. There is obviously a reason why his insurance company is not willing to admit to liability, and not having all the facts it is hard to make a determination on this matter, but with that being said I would suggest that you do one of two(2) things, either retain counsel, or contact your insurance carrier and ask that they enter into subrogation negotiations with the other insurance carrier.
    Answer Applies to: Rhode Island
    Replied: 1/21/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    If the damages are less than $5,000, you can always file a lawsuit yourself in small claims court. You asked "why doesn't the insurance company want to be held responsible"...it is rare that any insurance company is willing to belly up to the bar and pay what it owes.
    Answer Applies to: Florida
    Replied: 1/21/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    The answer to your question most likely is that insurance company will usually deny even valid claims and hope you will just forget about it. If you have your own collision coverage your insurer will pay you your damages less your deductible and the pursue the other insurance company to recover what you were paid plus your deductible. Otherwise filing a lawsuit against the other driver is the option.
    Answer Applies to: Illinois
    Replied: 1/21/2013
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