Inusrance refusing to pay

[Ratz]

What is the name of your state? Indiana but accident occured in Illinois. I was at a 4 way stop. I mad my complete stop and proceeded to make a left turn, almost all the way thru the intersection, the van coming from my left never stopped. He hit the back of my van above the left side tire. He then yelled something to me out of his window, when I told him he had a stop sign, he took off. I was later told by the hit and run unit that he went to the police station later to file a report so they could not consider it a hit and run, I do not know if he received a ticket. His insurance is denying my claim stating that their client says that I am the one that did not make a stop. His insurance adjustor told me that his client states "he slowed down at the stop sign". I had a witness who is a police officer who was off duty at the time, the other drivers insurance states that he is not a credible witness because he could not even remember what kind of vehicles we had. He also gave a statment to my insurance, although the ways he states that the accident occurred is correct, he still did not describe the vehicles correctly. I explained to the gentlemen at the other insurance that after 2 months, I am sure he has seen a lot more accidents and probably could not recall what kind of vehicles. His insurance has denied my claim. What can I do?

[justalayman]

make a claim against your insurance if you have coverage that would repair your vehicle. Other than that,all you can do is sue the guy that hit you.

[Ratz]

Justalayman,

I only have liability insurance and they told me that they do not find me at fault for this accident and have closed the case on their behalf. If I do sue him, considering the witness could not remember our vehicles, but does remember what happened, do you think I have a good chance of winning. I don't even know if he was issued a ticket. Is there any way I can find this out?

[moburkes]

Originally Posted by Ratz

Justalayman,

I only have liability insurance and they told me that they do not find me at fault for this accident and have closed the case on their behalf. If I do sue him, considering the witness could not remember our vehicles, but does remember what happened, do you think I have a good chance of winning. I don't even know if he was issued a ticket. Is there any way I can find this out?

He probably was not issued a ticket. What does the police report state as his side of the story. We can't guess what evidence you have, but if that "slowed down at the stop sign" is in writing somewhere, maybe that can help you. Also, since he hit the back of your vehicle, you were in the intersection before he was.

[Ratz]

I had received the Illinois motorist report from the police officer at the scene. His insurance said they had to wait for the official report from springfield because on my copy was only my side of the story. Once we received the official report from springfield, it also only had my side of the story because he left the scene of the accident. His is insurance is using the fact that their clients side of the story is not stated anywhere, they cannot go by what I said. I told him if his client had not left the scene he would have been able to give his version also. His insurance company was the one that told me that he gave a recorded statement that he "slowed down at the stop sign", I told him that that should be enought proof right there that he did not stop, I then asked him for a copy of this recorded statement and he said because of confidentiality reason he could not. He said he could tell me verbally but he cannot give me a copy. I also told the insurance adjustor that since the back of my van was hit that was proof that I was already thru the intersection completing my left turn. He said not necessarily, he has seen accidents happen like this when the other person doesn't stop and just flies out into the intersection. I told him that I could understand if my front in was hit, but it was the back.

[moburkes]

Sue him in court. I don't know what your chances are. Good luck.