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Insurance Co. Refusing liability

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libra58

Member
What is the name of your state (only U.S. law)? NJ. I live on a 4 lane hi-way. A Car veh #1 made a left turn in front of a large truck veh #2. Veh. #2 (truck) left roadway and took down aprx 20 trees & shrubs on my property. Veh # 1 was citied as the cause and issued careless driving summons. Veh #1, the at fault party is insured with a MD ins.Co.,. the car was driven by a man living with the insured veh. owner. During My initial contact with Veh #1 insurance agent I was told their insured "was not at fault"..after faxing the ins. co. a copy of the police report showing their insured was named as well as the live in party that was driving the veh...the are now deciding if they (ins. Co.) are going to accept liability. What are my options and legal rights to pursue My claim for the property damages, I have the feeling this Co. is trying to avoid pmt. on my claim caused by their insureds veh.:confused: This is the response from the ins.co. " We are still investigating the details surrounding this loss. We will however assign a property damage inspector to access the damages done to your property in the event we accept liability. However ,at this time no decision has been made" Thanks in advance for any advice~What is the name of your state (only U.S. law)?
 


ecmst12

Senior Member
Personally I would file with my homeowners insurance and let them pursue the drivers for reimbursement.
 

libra58

Member
Hi & Thank-You, the reason I'm hesitant to go thru My HO is, I'm afraid of a policy increase or possibly being dropped all together..due to the location of My home to the highway, I had a hard time finding a co. that would insure or I could afford to insure with because of "high risk" location..So that would be the last resort, I know about permissive use and the driver resides with the insured auto owner.. based on that alone ,I just can't figure how this Ins. Co., can attempt to deny responsibility for the claim..I'm trying to prepare Myself for the denial I have the feeling is coming from this Ins. Co., I hope to go thru what ever process is nec. without involving My HO..last thing I need is a premium increase on HO policy. :(
 

ecmst12

Senior Member
You are going to have to pursue both drivers as they are going to fight with each other about what percentage of fault goes to which driver. It will take time.
 

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