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  1. #1
    cookyluvs is offline Junior Member
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    Insurance claim denied..

    What is the name of your state (only U.S. law)? TX

    Hello everyone,

    There was an attempted hit and run on my vehicle back on August 26th. Thankfully the people who hit my car in the parking lot were caught by my apartment security and admitted fault when questioned. I submitted a claim to their insurance but it was denied. Their insurance said they're denying the claim since their insured will not cooperate and answer their phone calls.

    I was very baffled by their denial, especially when the insurance adjustors colleague had previously told me if the people who hit me didn't cooperate they would process the claim and raise their insurance rates. It just seems to me they have an obligation to pay the claim when the people who hit me were legally insured at the time. Unfortunately I've discovered their decision is completely legal. I also cannot go through my insurance since at the time my deductible was 1000 and I don't have that kind of money at the moment. I always thought if someone else was at fault you didn't pay a deductible. Unfortunately I learned the hard way and have now changed my deductible to 260 in case something like this ever happens again.

    So it looks like I'll have to sue the people who hit me directly in small claims court. I have a written report from the security company but don't know if that's enough evidence. The security guard didn't even write his name on it. I could probably call the security company and see who was on duty that night. But would the written report be enough evidence? The police told me they "don't come out for that" when I called at the time of the accident. I really wish they would have. I'm sure a police report would make everything much easier.

    Please let me know what can be done. I want to get all my facts straight and know what I'm doing before I try to bring a case in small claims court. I've never sued anyone so I am completely ignorant to the process.
  2. #2
    ecmst12 is offline Senior Member
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    They're not actually denying the claim, technically they are closing without payment. Filing the suit might be enough to get the driver's attention and call their insurance company back.
  3. #3
    cookyluvs is offline Junior Member
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    I hope that would be enough, but if it isn't, do I have enough for a case? And if not what steps should I take? Also I should mention these people hit me while moving out, so I don't have their address. Could that cause problems with suing? I have all their other information however. I should also mention the driver herself did not admit fault. Her husband said his wife did it when the security guard questioned him. I assume that's still enough for admission of guilt to stick? I hope so.
    Last edited by cookyluvs; 11-27-2011 at 07:27 PM.
  4. #4
    ecmst12 is offline Senior Member
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    I don't think you have any evidence at all unless the guard actually witnessed the accident, in which case the guard would need to testify - about what he saw, only. What anyone admitted to anyone else is hearsay and not admissible. You would have to question the driver directly.

    And yes, you need to be able to find someone in order to sue them. They will need to be served.
  5. #5
    cookyluvs is offline Junior Member
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    That sucks, the guard didn't actually see anything. He saw my car damaged and stopped to investigate. He saw that my grey suv was smashed in with yellow paint all over it, and that their yellow truck parked farther down was smashed with my grey paint all over it. That's what provoked him to question the owners and that's when they admitted fault. Is it hearsay even when the guard wrote up a report? Would a written statement be enough, or would he actually have to appear in court? So if he didn't actually witness the accident am I basically screwed?
  6. #6
    ecmst12 is offline Senior Member
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    He can testify as to what he witnessed. If there were pictures of your damage and the damage to the other vehicle, that would be excellent evidence.
  7. #7
    cookyluvs is offline Junior Member
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    Well there's pictures of my vehicle but none of theirs since this occurred at night while they were moving out. So if he testified would it have to be in person or is a written signed statement enough? (if I can get him to sign the report) I just don't know if he'd be willing to go in person. I'd hope so but just in case I'd like to have all the facts.
  8. #8
    ecmst12 is offline Senior Member
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    It would have to be in person so he could be cross examined by the other side.
  9. #9
    cookyluvs is offline Junior Member
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    Ok, thanks for the information. Guess my only shot is calling the security company and seeing if they can help. Also out of curiosity if the insurance company can close the claim without paying because their client didn't cooperate, can that person keep their insurance?? I just think this rule is junk. I was told basically the insurance has an agreement with the insured that they have to cooperate with the investigation of claims. That breach of contract is what allows the insurance company to not pay me a dime. So is that person dropped from their insurance for not cooperating??? It just seems crazy to me if they're not. If you can just ignore a claim to get out of liability and still keep your insurance then it just seems like a big scam to me.
  10. #10
    ecmst12 is offline Senior Member
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    If you ignore the insurance company, then you get sued.

    They're not paying because you have very little evidence and they haven't admitted to causing the damage. They have to defend their insured, which means they take his side absent evidence that he is at fault.

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