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Rear ended but other party insurance denied claim?

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sonnyk88

Junior Member
I got rear ended, the bumper, tail light and some scratch on rear fender. At the time of accident. I wasn't moving in traffic jam. A mini ven hit my rear bumper. I though it was minor accident, so I did not try to file a police report nor a witness. The other party has reported to his insurance, i have also called their insurance and reported a statement, yesterday the other party insurance has denied the claim because his client told them the reason he hit my car is because he was trying to avoid another car. So, adjuster from his insurance said the car that his client trying to avoid is responsible not his client. But i have no knowlege what going prior he hit my car.

My car has taken to estimate, it is one thousand dollar damage. What i dont understand is, he is the one hit my car, and I do not know a execuse like this can be made. So, if i try to avoid a animal from the street and hit someone car. The animal is responsible and i do not require to pay for damage that I done to avoid the animal?

Main question, is that a law for a liablity claim? It does not matter how or why a car or property got damaged, if you are the one who damaged the car or property. You are repsonible to the damage regardless you are trying to avoid a car or anything else.
 
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Zigner

Senior Member, Non-Attorney
Sorry, this forum is for US law only.

In the US, if the other party could PROVE that he was forced to run in to you by another vehicle, then the party that hit you would not be liable.

In the US, I'd say that you should sue the bad guy in small claims court.
 

sonnyk88

Junior Member
Sorry, just updated profile location setting. :) The accident happened in Houston, Texas.
 
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Zigner

Senior Member, Non-Attorney
The accident happened in Houston, Texas.
Then:

If the other party could PROVE that he was forced to run in to you by another vehicle, then the party that hit you would not be liable.
I'd say that you should sue the bad guy in small claims court.
 

sonnyk88

Junior Member
Guess the bad guy is the insurance company, right? The guy who hit me is about 60-70 years old man. I think he is tell the true. I dont think the man can provide prove about what happen. But it not fair because the insurance knew I do not have a witness or policy report. They know more laws then I do, and this is small claim. They probably think I am not going to do anything after denied. But I just can believe a company can do business like this here in US. :(
 
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Zigner

Senior Member, Non-Attorney
Guess the bad guy is the insurance company, right? The guy who hit me is about 60-70 years old man. I think he is tell the true. I dont think the man can provide prove about what happen. But it not fair because the insurance knew I do not have a witness or policy report. They know more laws then I do, and this is small claim. They probably think I am not going to do anything after denied. But I just can believe a company can do business like this here in US. :(
No, you have to sue the party that hit you. The insurance company did not hit you and has no contractual obligation or duty to you.

ETA: The company is acting properly based on the information they were given by their insured.
 

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