Insurance claim Denied

syamgr · #1 07-23-2005, 06:10 AM

What is the name of your state?What is the name of your state?California(CA)
The other driver had yield on Green to turn left and hit on the driver side front door(i was going straight)of my car. Now the insurance company denies the claim saying that i failed to yield right of way to the other drivers vehicle that already had control of intersection. What are my options? should i go to a lawyer or talk to other partys adjuster. My car is totalled and i do not have collision coverage.

stephenk · #2 07-23-2005, 11:01 AM

any witnesses? police report?

depending on the damage you can sue the other driver in small claims court ($5000 limit).

The other car hit your driver door? If yes, then no way did the other car have control of the intersection. That theory applies if you ran into the side of the turning car, but it is a weak argument since a left turning car has to yield to oncoming traffic that is so close as to be dangerous.

go ahead and speak with the adjuster and try and get a better feel for their position on liability.

syamgr · #3 07-23-2005, 02:59 PM

There are no witness. The police were called but since there was no physical injuries they did not make a report. All they gave me was the insurance exchange card. Not sure if the police make a report later. I will try to talk to the adjuster and see what they come up with. My car is actually totalled. the other car had minor damages.

amrooz · #4 07-24-2005, 04:41 PM

Hi All!
I think that you should contact the police. I think that they are obliged to have a report ready for the accident. In Kentucky, the law requires the police to have a report within ten days. This may help you a lot with the claim.

NYMinute · #5 07-24-2005, 07:38 PM

why dont you have collision on your car????

Meatcutter · #6 07-28-2005, 07:29 PM

The first response was the best.

Your option here is small claims court. Since you don't have collision your insurance company really can't help you. The other driver's insurance is denying your claim. Do not get a lawyer cause he will just get part of your settlement and since this is a claim for damages to your vehicle, you want all the settlement to spend on repairing your car.

You will have to prove the accident was the fault of the other person and with no witnesses this will be tough. The police report doesn't really help and if there are no injuries then the police don't have to report the accident. If you really think about it the police report is an independent persons random feeling on what happened and he wasn't there to see the accident so most of the time the police won't state what they think happened.

Try small claims court.