Denial of Auto Insurance Claim
I was recently involved in a car accident and reported it to the local police, who filed an official report. After waiting for the report to be finalized, I obtained a copy from the DMV and submitted it to my insurance company. The police issued a citation to the other driver for failure to yield while pulling out of her driveway. I was on the road and couldn’t stop in time to avoid her, resulting in a collision. I took pictures at the scene that show my car stopped on the road, debris scattered, and her vehicle pushed onto the shoulder. With the police report and this evidence, I thought my claim against her insurance would be straightforward.
However, the insurance company has informed me that they will not cover the repairs to my vehicle because the other driver’s statement contradicts both mine and the police report. They mentioned that she is attempting to amend the police report, which I found surprising. When I contacted the police, they indicated that amending the report is unlikely. The other driver claims she was stopped for several seconds and insists I should have been able to avoid her. It’s important to note that the roads were icy, which made stopping much more difficult for me.
I don’t have collision coverage since my car isn’t worth much, and now I’m left with no means to repair it. Has anyone experienced a similar situation, and what options do I have given my evidence? So far, I’ve filed a complaint with my state’s Department of Financial Services, requested information about the insurance company’s decision and appeal process, and started researching small claims court. The insurer in question is GEICO. Any advice on how to recover some compensation for my damaged car would be greatly appreciated.
TL;DR: I was in an accident where the other driver was ticketed, but her insurance refuses to pay for my repair costs.
I’m sorry to hear about your situation; that sounds incredibly frustrating. It seems like you’ve already taken some important steps, and continuing down that path is key. Here are some additional suggestions to help you navigate this process:
Document Everything: Keep a thorough record of all communications with the insurance company, the police department, and any other relevant parties. This includes dates, times, and the names of individuals you spoke with. Document all evidence you have related to the accident, such as photos, the police report, and any witness statements.
Request a Written Explanation: Make sure you get a written explanation from GEICO detailing why they are denying your claim. This can help you understand their reasoning and provide you with a basis for your appeal.
Follow Up on the Appeal: Once you receive the denial letter, follow the procedures outlined for appealing their decision. Be persistent, as insurance companies sometimes change their stance when confronted with additional information or a thorough appeal.
Check for Witnesses: If there were any witnesses to the accident who can corroborate your version of events, reach out to them and see if they would be willing to provide a statement.
Consider Legal Counsel: If your claim continues to be denied and you’re facing significant repair costs, it might be worth consulting with an attorney who specializes in auto accidents or insurance disputes. They can help you understand your legal options and possibly assist in negotiations with the insurance company.
Explore Small Claims Court: If you can’t resolve the issue with GEICO, you may consider going to small claims court. Research the process in your state, and prepare your documentation and evidence to present your case clearly.
Get a Second Opinion on Damages: If possible, obtain an estimate for repairs from a trusted mechanic. This can help back up your claim about the damage to your vehicle.
Contact Your State’s Insurance Department: Since you’ve already filed a complaint, make sure to follow up on that as well, as they might be able to provide additional assistance or insight regarding your situation.
It’s unfortunate that you’re going through this, but being proactive and organized will work in your favor. Good luck, and I hope you find a resolution soon!