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car Insurance claim denied by the Insurance comapny of party at fault

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xl4u

Junior Member
What is the name of your state?
California

I was driving in the left lane when the traffic light turned red. and the car driving in the straight lane changed the lane without looking over the shoulder and stucked my car and hit the front light and the the area around the front lights on the left side of the car.
we stopped the car and the lady driving the other car admitted that it was her fault in front of me and Police.

Police did not give us the written report as there was no bodily injury.
When we submitted the claim to the Party at fault's insurnace company they rejected our claim saying it was my mistake and we stucked her car.

When we approached the cops, they saying they do not remember who was at fault.

What are my options;
1. shall we submit the report to the Insurance commission?
2. shall we pursue the case in small claims court....if so against the insurance comapny or the party at fault.

thanks
 


ecmst12

Senior Member
If you have collision coverage, you can report the accident to your insurance company and they will attempt to have the other company accept liability for the accident.
 

xl4u

Junior Member
Thanks ecmst12 for the reply..

It appears from our conversation with our insurance company that they are not willing to fight with the other insurane comapny.

they indicated that it is our dispute with the other insurance comany.
I am going to call them agian and ask if they can reover teh damage from the other insurance company.

What I am afraid is I might get a point and insurance premium would go up if it is not proven that the other lady was at fault.
 

moburkes

Senior Member
I don't understand how, if you were in the LEFT lane, and this person was going straight (so she would have been on the right side of you), you were struck on the left side of your vehicle.
 

moburkes

Senior Member
Okay, the police report doesn't always determine fault, primarily, because the police report is taken after the accident by people who did not witness the accident.

The department of insurance does not determine fault. They only regulate the actions of the insurance companies.

What has your insurance company said about the accident?
 

xl4u

Junior Member
I am going to talk to adjuster of my insurance company today...
but the customer service rep. who took all details from me yesterday on phone indicated that its my dispute with the ither insurance company and we have to deal with them...

hopefully I will get some satisfactory reponse when i talk to the adjuster...
 

xl4u

Junior Member
Yes, we do have a collission coverage..I spoke to adjuster of our Insurane company and she said that they will cover the loss anb pursuade the matter with the Insurance company of the other party.

I still do not know if it is going to affect my driving History or will increase my Insurance premium.. as the adjuster said that its difficult for them to say anything at this time I am more concerned about these things because I am not at fault.

thanks
 

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