I HATE INSURANCE ADJUSTERS!!

Ok, here's my problem. About a month ago I was involved in an accident on my way to work. The other driver was given a citation for the accident. There was a witness who gave his name and number and address to the police, its all in the report. According to the report i had the right of way. The problem is the other driver's insurance adjuster after about two and a half weeks of investigating says that both parties were at fault. I live in Florida, where minimum state requirements dont include collision on my behalf. I dont have collision coverage on my vehicle. My insurance company says it will not pay bodily injury or any compensation at all because it says i was not at fault. I just want my truck fixed!!!!! I cannot afford it on my own. Can i take the other company to small claims court to receive compensation for my vehicle? Please help! Its been this long and they still havent given anything. I call the adjuster at least every day and all i get is an answering machine. Do i have a case?

[Juan Rodriguez]

Florida is a comparative negligence state. This means that more than one party can be at-fault in an accident. This is usually based on point of impact and if aplicable, who had control of the intersection. Also, the police report is not evidence unless the officer saw the accident and is himself a witness. The witness listed on the police report is only useful if he gives a statement to the adjuster.

Florida leads the nation in insurance fraud, so adjusters here are more cautious. Why don't you contact the witness yourself and ask him to sign a notorized statement. You can ask the adjuster for his theory of liability. You cannot sue the insurance company but you can sue the person how hit you. The company then has an obligation to either settle the claim or defend him in court. But, before that try filing a complaint against the adjuster and the company with the Insurance Commissioner at 800-342-2762.