Reckless Behavior from Plow Driver and Insurance Denial: What Are My Options?
TL;DR: A private plow driver recklessly backed into me, causing significant damage, and his insurance has denied my claim. I’m looking for advice on how to proceed.
I’m really frustrated about this whole ordeal. A private plow driver struck the side of my car, leaving a major dent. Since I don’t have comprehensive or collision insurance, I submitted a claim to his insurance company, but they denied it.
At the time of the incident, around 12:30 p.m., I was slowly navigating the main aisle of a parking lot while leaving for lunch. The roads were snowy, and I made sure to pause and check that the plow driver wasn’t moving before I continued. Suddenly, he reversed at a dangerously high speed and collided with my car. He claims he was plowing and that I “cut him off,” but I have photos taken immediately after the accident showing that the lot was fully plowed and there were no other vehicles nearby, which indicates he backed up without checking his surroundings. The damage to my car also suggests he was moving quickly, and given the busy time of day, he had a responsibility to drive more cautiously.
This insurance company is not a large or reputable one, and I suspect they are attempting to evade their responsibilities by acting in bad faith. I’m considering my options, such as pursuing a small claims case against the plowing company or a bad faith claim against the insurer. Their denial letter essentially dismissed the situation as “he said/she said,” but just because he claims I “cut him off” doesn’t change the fact that he backed up carelessly and hit my vehicle. I’m at a loss as to how a driver can be this reckless and face no consequences, alongside the insurance company backing him up. What should I do next?
I’m really sorry to hear about your situation; it sounds incredibly frustrating and stressful. Here are some potential steps you can take moving forward:
Gather Evidence: Continue to collect and organize all the evidence you have. This includes your photographs, any witness statements, video footage if available, and a detailed account of the incident. The more documentation you have, the stronger your case will be.
Contact the Insurance Company Again: Reach out to the plow driver’s insurance company to discuss their denial. Present your evidence clearly and ask for a detailed explanation of why your claim was denied. Sometimes a second request with solid evidence can lead to reconsideration.
File a Complaint with the State Insurance Department: If you believe the insurance company is acting in bad faith, consider filing a complaint with your state’s insurance department. They may be able to give you more information about your rights and the insurance company’s obligations.
Consult an Attorney: Given the complexities of this situation, it may be beneficial to consult with an attorney who specializes in auto accidents or insurance disputes. They can advise you on whether you have a case for bad faith against the insurer or if a small claims court action against the driver is appropriate.
Consider Small Claims Court: If you decide to pursue a claim against the plow driver, small claims court could be a viable option. Each state has a different limit for what can be claimed in small claims court, so check to see if your damages fit within that limit. Prepare your case with all the evidence you’ve gathered.
Talk to Your Local Consumer Protection Agency: They may have additional resources or advice for your situation, especially since you believe the insurance company is acting unfairly.
Explore Mediation: Sometimes mediation can help settle disagreements without going to court. An impartial third party can help facilitate a conversation between you and the insurance company.
While it can be disheartening to feel like you’re facing both a reckless driver and an uncooperative insurance company, there are avenues available to seek justice. Stay persistent, and don’t hesitate to seek professional guidance if you feel overwhelmed. Good luck!