Title: Reckless Private Plow Driver and Insurance Claim Denial – What Are My Options?
TL;DR: A private plow driver recklessly backed into my car, causing significant damage, and now his insurance company has denied my claim. I’m seeking advice on the steps I can take.
I’m feeling incredibly frustrated about the situation I’m facing. While leaving for lunch around 12:30 p.m., I was driving slowly through a snow-covered parking lot when a private plow driver unexpectedly backed into the side of my car, creating a noticeable dent. Since I don’t have comprehensive or collision insurance, I filed a claim with his insurance company, but they have denied it.
At the time of the incident, I stopped to ensure the plow driver wasn’t going to move as he was parked at the corner of the lot. Suddenly, he backed up at a dangerous speed and collided with my vehicle. He argues that I “cut him off,” but I have photos taken immediately after the accident showing the lot was fully cleared, and there were no other cars around. His claim is undermined by the fact that he reversed without checking his surroundings, and the severity of the damage to my car indicates he was speeding. Additionally, with many vehicles in the parking lot, he had a duty to drive more cautiously.
The insurance company involved is relatively small and not well-known, which raises my suspicion that they may be trying to evade responsibility and acting in bad faith. Their denial letter suggested it’s merely a case of “he said/she said.” However, just because the driver claims I “cut him off” doesn’t justify his reckless behavior in backing up without looking and hitting my car. It’s hard to accept that both he and his insurance company can evade accountability for such recklessness.
I’m looking to know what options I realistically have moving forward—whether I should consider pursuing a small claims action against the plowing company or file a bad faith complaint against the insurer. Any advice or insights would be greatly appreciated!
I’m sorry to hear about your frustrating experience. It sounds really challenging to deal with the aftermath of this incident, especially when you feel strongly about the other driver’s recklessness. Here are some options you might consider pursuing:
Gather Evidence: Since you already have photographs of the accident scene, ensure you keep all relevant documentation, including any witness statements, police reports (if applicable), and medical records if you sustained any injuries. This will help strengthen your case.
Request a Re-evaluation: You can appeal the insurance company’s denial by sending them a letter outlining your side of the story and attaching any evidence you’ve gathered. Be sure to explain why you believe their conclusion is incorrect, emphasizing the recklessness of the other driver.
Consult with an Attorney: It may be beneficial to speak to a personal injury or insurance attorney. They can provide guidance specific to your situation and help you understand whether you have a strong case for pursuing damages.
Small Claims Court: Since the damages appear to be significant but not likely to exceed small claims limits, you could file a suit against the plow driver or their company. Prepare a detailed account of the incident, including evidence and any correspondence with the insurance company.
Bad Faith Insurance Claim: If you genuinely believe that the insurance company is acting in bad faith, this could be pursued, but it’s typically more complex and often requires legal support. Your lawyer can assess whether you have a valid case for this.
Contact the Insurance Commissioner: If you believe the insurance company isn’t operating fairly, you may also consider filing a complaint with your state’s department of insurance. They can investigate the matter and potentially assist in resolving your claim.
Follow Up: Stay persistent in communicating with the insurance company and follow up on your claims. Sometimes, consistent follow-up can lead to a resolution.
Remember, every situation is unique, so consider your options carefully and seek professional guidance if you need it. Good luck, and I hope you’re able to resolve this matter soon!