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Insurance company being unfair

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D

denull

Guest
What is the name of your state? NY

I got into an accident when I was driving on a parking lot road, and this girl backed up right in front of me and I hit her car. Police came and gave her a ticket for backing up without looking. I didn't get a ticket because I didn't do anything wrong.

She was driving a WV GT, and I was driving a SAAB. I hit her on her passanger side, on the side in the rear. (with the passanger side front, of my car). Her car raised, and mine sunk during the collision so it was her bumber above my bumper. Completley destroying my headlight hood and bending the the side fender back so the passanger side door doesn't open anymore. Her car got a scratch on her bumper.

---- A little history
This car was damaged in the same spot before (Mostly cosmetic damage). The claim was with our insurance company and we got paid. I fixed most of the damage myself, however I don't know if I have pictures to prove it (I might tho). The place where I got the estimates for both of the accidents took pictures of the damages too.
-----

Now the claim was filed in Oct, 2002. When I gave a recorded statement of what happened during the accident including exlanation why my car was damaged much more then hers. At which point she said that an apraisor will call me that week. I am allmost positive left my phone number and my address. Two weeks later after nobody called me I called her and left her voice messages over a period of a week including my name phone number and everything she would need to reach me. I got no word from her until I was finally able to reach her. At which point she said that she tried to call me at some (made up number), and tried to send me a form to fill out (at my old address, when i clarified on tape that that was my old address and gave her my new one). I gave her my phone numer and my address again and she said that she will send it again and that I will be receiving it in 2 days. Two weeks later I receive a letter saying that they are denying my claim, without giving me any specific reason.

After calling them they tell me that the reson is that since the car was damaged in that place before and that the damages that were caused during the accident would't have happened if it was completletley repaired.

So now I feel like iv been completley screwed and that my car is now never going to pass the NYS inspection that's coming up at the end of next month because one of the headlights is completley broken, the door doesn't open and he hood barely opens half way.

Any suggestions as to what I should do?
 


stephenk

Senior Member
you can file a claim with your own carrier and let them repair your car. your carrier will then go after the other insurance company for reimbursement for the money paid plus your deductible.

You can sue the other driver in small claims court. bring your repair estimates, photos and any other evidence in your favor.
 

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