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09-13-2008, 05:44 AM
| | Junior Member | | Join Date: Sep 2008
Posts: 2
| | | Auto Accident Claim/Denial
I was rear-ended a couple weeks ago, and the driver did not have an insurance card on her, so I spoke with her husband over the phone [at the time of the accident] and exchanged insurance information.
Over the course of the next week and a half, I realized that he had not filed a claim with his insurance company, even though he said he did.
I then filed a claim to his insurance company, provided his policy number, description of his vehicle, and license plate number.
His insurance company issued a denial to me, stating that their client told them he [his wife] was not in an accident, an never heard of me. However, I have phone records of speaking with the individual the day of the accident, the day after the accident, and two more times the following week. My phone records also detail the length of time of the conversations.
What would be the best way for me to proceed?
Last edited by fordfx4; 09-13-2008 at 05:45 AM.
Reason: typo
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09-13-2008, 08:09 AM
| | Senior Member | | Join Date: Jan 2001
Posts: 12,075
| | | Provide the insurance company with a copy of the police report. Or file a claim with your insurance company, if you have full coverage.
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09-13-2008, 10:28 AM
| | Senior Member | | Join Date: Jul 2007
Posts: 2,337
| | | What are your damages? Property damage only? If you were injured, consult a personal injury attorney. If not, file a small claims suit against the driver.
Or, as already suggested, turn in the claim to your own insurance carrier and let them deal with it. You may still have to sue to recover your deductible. |
09-13-2008, 11:27 AM
| | Junior Member | | Join Date: Sep 2008
Posts: 2
| | | yeah, there was just damage to the rear bumper ($434.00). no injury.
I got a repair estimate from a certified shop the same morning. Plus there is no way that I would have known the guy's USAA Insurance policy number, or cell phone number unless he had given them to me.
My phone system records at work and home show the time/duration I called and spoke with the person, and the same when he called me. there's no reason for us to be calling each other (and speaking for the amount of time we did) unless we had some issue in common.
when i file a small claims, how does the court notify the other person? |
09-13-2008, 11:29 AM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 29,043
| | | Q: when i file a small claims, how does the court notify the other person?
A: The court will serve the person at the address you give the court.
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09-13-2008, 02:14 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,866
| | | Send the phone records to the insurance adjuster. Send them your estimate proving your damages. Ask if they took pictures of their insured's car to look for damage and what did they find. | |
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