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  #1  
Old 08-20-2009, 05:23 PM
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Join Date: Aug 2009
Posts: 1

Insurance Company Question


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

My car was struck from behind while I was sitting at a red light. Immediately following the accident, I indicated to the driver of the car that hit me to pull over into a parking lot so that we could exchange information and call the police. We both got out of our cars to inspect the damage, and the woman who hit me began to fill out her information on a piece of paper. She handed me the paper and as I turned to get into my car to grab my phone to call the police, she got in her car and hurriedly left the scene. I called the police and reported the incident, and while I was waiting for them, I called her insurance company who stated that they had no record of a policy for her. The police arrived and from the information she gave me (an address), were able to track her down and bring her back to the scene. She had given me a false name and false insurance information. She told the police that I had backed up into her. The final police statement indicated that she was at fault for following me too closely, and also included my statement (that she rear-ended me), the fact that she fled the scene and I called the police, that she had given me a false name and insurance information, and her statement (that I backed up into her). The police were also able to obtain her correct insurance information so I filed a claim with her insurance company. Her insurance company is denying my claim saying that even though she was listed at fault on the accident report for following me too closely, since she said I backed up into her, they will not pay based on their client's claim. Internet research shows that she and her husband are currently being sued for fraud relating to a bankruptcy claim they filed in June, so I would get no money from them even if I took them to small claims court. My question is, is there any way that I can get her insurance company to pay on my claim?
  #2  
Old 08-20-2009, 07:52 PM
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Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,775
If you sue them in small claims court and win, their insurance will have to pay.
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