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What are my chances of fighting the other insurance company?

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nkomokov

Junior Member
I'm in Oregon.

I was in a parking lot driving down the lane when the other driver backed into my rear passenger door (the side of my car). I was in motion so there is a scrape as well as a serious dent that has made the door difficult to close properly. The estimate I got was $2600 and that was using used parts. The car is an old Lexus and the door is extremely strong, so it would take a fair impact to dent it.

I have liability only as the car is only worth about $4500 (private party sale). My insurance company filed the claim for me but said that's all they do.

The other driver's insurance contacted me and told me that they are not accepting liability for the claim because their driver and the witness (who hated me for no apparent reason) said that the other driver wasn't moving and that I hit him. Which, as far as I can tell is impossible from the physical evidence of the damage to my car.

I've never been in a car accident before and I'm stunned to find out that the people who decide whether the insurance company has to pay is the insurance company and that they base it on their clients testimony and not on the physical evidence!!! It's like a defence attorney being the one to decide whether his client goes to jail.

Anyway...

Do I have any chance of fighting the insurance company's decision on my own?
Does it sound possible for the damage to have happened if he had truly not been in motion?
Is there anything I can do to provide further evidence that it could not have happened the way the other driver and witness claim? (eg.. is there a third party that can look at the damage and write a letter or something?)
If the damage is $2600 and the car is worth $4500 will they fix it or write it off?

Thank you in advance for your replies. This experience has really opened my eyes as to how unjust the insurance system is. Part of me wants to just forget it and live with a big dent in my car, instead of having to deal with unpleasant conversations, but it just seems so wrong.
 


ecmst12

Senior Member
Sue the driver in small claims court for the amount of the estimate. It's only about 50% of the value so I doubt his insurance would have totalled it anyway. To TOTALLY cover yourself, have the mechanic who did the estimate testify about whether the damage to your car could have been caused by an impact like the other driver is claiming occurred (i.e. you moving and them stopped).
 

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