Denial of Automobile Insurance Claim
I was recently involved in a car accident and contacted the local police, who came to the scene and filed a 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 cited the other driver for failure to yield since she pulled out of her driveway directly into my path. I was driving on the road and couldn’t stop in time, resulting in a collision. I took photos of the scene showing my car on the road, debris scattered, and her vehicle pushed onto the shoulder. Based on the police report and my evidence, I believed I had a strong case for claiming damages through her insurance.
However, the insurance company informed me they would not cover the repairs to my vehicle because the other driver’s statement contradicts mine and the police report. They mentioned that she is attempting to amend the report, something I’ve never encountered before. I contacted the police, and they indicated that the chance of amending the report is quite low. The other driver claims she was stopped for several seconds and insists I should have been able to avoid her. However, the roads were covered in snow, which made stopping more difficult.
I don’t have collision coverage since my car isn’t worth much, and now I’m left without a way to repair it. Has anyone experienced a similar situation? What are my best options given 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 appeal process, and begun researching small claims court. The insurance company is GEICO, which might be relevant. Any advice on how to recover some compensation for my damaged vehicle would be greatly appreciated.
TL;DR: I had an accident where the other driver was ticketed, but their insurance is refusing to pay for my repairs.
I’m sorry to hear about your situation; it sounds really frustrating. Here are some steps you might consider taking based on your description:
Document Everything: Keep a detailed record of all communications with the insurance company, including dates, times, names of representatives, and the content of your conversations. This will be crucial if you need to escalate the matter.
Gather Evidence: You’ve already gathered some excellent evidence like the police report, photos of the scene, and the ticket issued to the other driver. Collect any additional evidence that might support your case, such as witness statements or further documentation regarding the accident conditions (like weather reports).
Follow Up with the Police: Even though the police mentioned that amending the report is unlikely, you might still want to reach out to them for any advice or further clarification about the report. Sometimes, having a statement directly from law enforcement can carry weight.
Consider a Demand Letter: Before proceeding to small claims court, you may want to draft a formal demand letter to GEICO. Clearly outline your case, the evidence you have, and your request for compensation. This can sometimes prompt them to reconsider your claim before it escalates to legal action.
Explore Small Claims Court: If the insurance company remains uncooperative, small claims court can be a viable option. Research the process and requirements in your jurisdiction. Prepare your case with all evidence and documentation to present to the judge.
Consult a Lawyer: If possible, consult with a personal injury attorney who can give you more tailored advice based on your specific situation. Some may offer free initial consultations, and they might help you understand your rights and options better.
Social Media and Public Reviews: Sometimes, sharing your experience on social media or leaving reviews may prompt the company to take your complaint more seriously. Be sure to stick to the facts and remain professional in your communications.
Stay Persistent: Insurance claims can sometimes take time, and you might need to be persistent. Continue to follow up and escalate your concerns as needed.
Best of luck, and I hope you get the resolution you need!