Where to go from here

[Bobby_A]

In NC. Wife had an accident in Aug. 99. Police report stated that other driver 'caused accident by failing to reduce speed in a construction zone.' He was not cited. Long story short, other driver's insurance company never sent an adjuster. I maintained ins. & reg. on vehicle, but unbeknownst to me, it was scrapped. Other insurance company promised on several occasions to send an adjuster, but didn't return any phone calls or send any paperwork. Finally went to the state insurance commissioner. Within a week, the other company refused the claim saying my wife was partially at fault & that I had a repsonsibility to keep the vehicle.
How do I go about appealing this? I have on-scene pictures of the car, & witnesses. If small-claims is the answer, do I file locally or do I have to travel to the insurance company's locale (if I can find it). Thanks.

 

[racer72]

You can file in small claims in your area. The insurance company has a presence in your area so it can be sued in your area. The insurance company was negligent and should have to pay.

 

[Bobby_A]

Thanks. Any thoughts on the issue of police report vs. no citation for the other driver? I'm sure the facts & witnesses will prove she wasn't at fault, but how much 'ammo' does that give them?