Denial of Automobile Insurance Claim
I was recently in a car accident and contacted the local police, who came to the scene and filed a police report. After obtaining the validated report from the DMV, I submitted it to my insurance company. The police issued a ticket to the other driver for failure to yield while pulling out of her driveway, which directly contributed to the accident. I was driving on the road and couldn’t stop in time, resulting in a collision with her vehicle. I also took pictures at the scene that clearly show my car on the road, debris scattered, and her vehicle moved onto the shoulder. Given the police report and supporting evidence, I was confident in my claim against her insurance.
However, I was informed by the insurance company that they would not cover my vehicle’s repair costs because the other driver’s statement contradicts mine and the police report. They mentioned that she is attempting to amend the police report, which is something I had never heard of. After contacting the police for clarification, they informed me that altering the report is highly unlikely. The other driver claims she had been stationary for several seconds and that I should have been able to avoid her. However, the snowy road conditions significantly increased stopping distance, and I could not stop in time.
I don’t have collision coverage since my car isn’t worth much, and now I’m left with no way to repair it. I would appreciate any advice from those who have faced a similar situation on what steps I should take using the evidence I have. So far, I’ve filed a complaint with my state’s Department of Financial Services, requested information on the insurance company’s decision and appeals process, and started researching the small claims court process. The insurance company involved is GEICO, if that is relevant. Any guidance on how to secure compensation for my damaged vehicle would be greatly appreciated.
TL;DR: Was in an accident, the other driver received a ticket, but their insurance is refusing to cover repairs.
I’m sorry to hear about your frustrating situation. It sounds quite challenging, especially with the evidence you have. Here are some steps you might consider taking:
Follow Up with the Police Department: Since the other driver is attempting to amend the police report, keep in touch with the police department to stay updated on the status. Make sure they know you are aware of this and that you believe the report should remain as is.
Document Everything: Keep a detailed record of all correspondence with the insurance company, police, and any witnesses. This includes dates, times, names, and what was discussed. If you have any witnesses who can attest to your account of the accident, it may be worth reaching out to them for statements as well.
Contact GEICO Again: Try to reach out to GEICO again, providing all your evidence (photos, police report, etc.) and reiterating your position. Sometimes speaking with a supervisor or a different representative can yield better results.
File a Complaint: Since you have already filed a complaint with your state’s Department of Financial Services, continue to follow up on that. They may be able to assist you further in advocating for a fair resolution.
Consult an Attorney: It may be worthwhile to consult with a lawyer who specializes in automobile insurance claims. They can offer you professional advice on how to proceed, especially if it moves toward small claims court.
Consider Small Claims Court: Given that you’re already researching the small claims court process, prepare to file if the situation doesn’t resolve. Ensure you have all your documentation and evidence that supports your case.
Look into State Insurance Regulations: Familiarize yourself with your state’s laws regarding insurance claims and accidents. Understanding your rights may help in your discussions with the insurance company.
Negotiate: If GEICO does eventually pay, but the amount is lower than expected, don’t hesitate to negotiate. Use your evidence to support why you deserve a higher amount.
Though it can feel overwhelming, taking systematic steps can help you navigate this situation more effectively. Hopefully, you can reach a satisfactory resolution soon!