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auto insurance claim denied by the at fault party's insurance company under false pretenses

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brokenbeatdj

New member
What is the name of your state?Texas

Heres the sit. I was sitting at a stop sign waiting to turn right. The other driver was making a turn onto the street i was waiting on. THEY claimed their wheels locked up and they slammed into my vehicle almost head on.

I called police out to the scene, and the other driver immediately admitted fault, and told the same story to the police.

I documented everything through photo and video including the driver admitting fault. He did not appear to want to deny any liability and was quite assistive in providing me a copy of his policy to allow me to get my claim filed immediately.

The insurance company is known for deceptive practices, and well documented on the internet for doing whatever it takes to deny a valid claim. Well they documented that it was indeed their drivers fault, but that the person WHO THE POLICE IDENTIFIED, and SELF IDENTIFIED, was someone different who happens to be listed as an excluded driver. (Deception).

I have video and photo proof of the driver , and its unmistakeable as the person THEY claimed is a 73y/o man, but the person who identified themselves, along with police id, is a 26y/o man. Unmistakeable as well as impossible according to the police.

Now the insurance company wont even return my calls, and in the process i have lost my job, my apartment, and soon my vehicle due to the lack of transportation to be able to work, as well as some minor injuries which i havent been cleared of. I enlisted an attorney to help, but they are meeting the same stonewalling and state that they have to speak with the adjuster from them before they can proceed. But the adjuster refuses to answer calls, and ignores all emails pertaining to this accident.

Im in texas, its now 2 months gone by. I need medical treatments as well as my property fixed, but as i only have liability, i cannot even get my insurance to handle the claim.
 


quincy

Senior Member
What is the name of your state?Texas

Heres the sit. I was sitting at a stop sign waiting to turn right. The other driver was making a turn onto the street i was waiting on. THEY claimed their wheels locked up and they slammed into my vehicle almost head on.

I called police out to the scene, and the other driver immediately admitted fault, and told the same story to the police.

I documented everything through photo and video including the driver admitting fault. He did not appear to want to deny any liability and was quite assistive in providing me a copy of his policy to allow me to get my claim filed immediately.

The insurance company is known for deceptive practices, and well documented on the internet for doing whatever it takes to deny a valid claim. Well they documented that it was indeed their drivers fault, but that the person WHO THE POLICE IDENTIFIED, and SELF IDENTIFIED, was someone different who happens to be listed as an excluded driver. (Deception).

I have video and photo proof of the driver , and its unmistakeable as the person THEY claimed is a 73y/o man, but the person who identified themselves, along with police id, is a 26y/o man. Unmistakeable as well as impossible according to the police.

Now the insurance company wont even return my calls, and in the process i have lost my job, my apartment, and soon my vehicle due to the lack of transportation to be able to work, as well as some minor injuries which i havent been cleared of. I enlisted an attorney to help, but they are meeting the same stonewalling and state that they have to speak with the adjuster from them before they can proceed. But the adjuster refuses to answer calls, and ignores all emails pertaining to this accident.

Im in texas, its now 2 months gone by. I need medical treatments as well as my property fixed, but as i only have liability, i cannot even get my insurance to handle the claim.
You can hire an attorney to handle the claim for you (the insurance company is more likely to listen to an attorney) and/or you can sue the driver.
 

Zigner

Senior Member, Non-Attorney
I enlisted an attorney to help ...
You are represented. You should be talking to your attorney about your path forward. You may need to sue the other driver and the owner of the car. If you are successful, and if the driver is not excluded, then the other party's insurance will be on the hook up to the coverage limit.
 

zddoodah

Active Member
You didn't ask a question, so I'm not entirely sure what sort of answer you're seeking.


they documented that it was indeed their drivers fault, but that the person WHO THE POLICE IDENTIFIED, and SELF IDENTIFIED, was someone different who happens to be listed as an excluded driver. (Deception).
I'm not sure what the parenthetical "Deception" is supposed to mean. However, if the driver of the vehicle is, in fact, excluded on the policy, then the insurer owes no duty of indemnity to the policy owner. You still have recourse against the driver and may have recourse against the vehicle owner, but the insurance is not in play.


I have video and photo proof of the driver , and its unmistakeable as the person THEY claimed is a 73y/o man, but the person who identified themselves, along with police id, is a 26y/o man. Unmistakeable as well as impossible according to the police.
So...you're claiming that the driver isn't the excluded person? I assume you saw (and hopefully photographed) the driver's license. Correct?

Perhaps it would be best to use made up names and answer the following questions:

1. Who was the driver?
2. Who is the insured on the policy of insurance?
3. Who is the excluded driver?


i have lost my job, my apartment, and soon my vehicle due to the lack of transportation to be able to work
Sorry, but this is not anyone's fault but your own for not carrying collision and rental car coverage on your own insurance. Do you not own a bicycle? Is there no public transportation where you live?


Did you have comprehensive?
The original post clearly says that the OP only has liability coverage. Also, comprehensive coverage wouldn't help here. The OP would have needed to have had collision coverage.
 

quincy

Senior Member
Sue the driver. If the driver has insurance, the insurer will handle it. If the driver is uninsured, the driver/his attorney will handle it.

You apparently have evidence enough to support a legal action. Your attorney should be advising you on this.
 
What is the name of your state?Texas

Heres the sit. I was sitting at a stop sign waiting to turn right. The other driver was making a turn onto the street i was waiting on. THEY claimed their wheels locked up and they slammed into my vehicle almost head on.

I called police out to the scene, and the other driver immediately admitted fault, and told the same story to the police.

I documented everything through photo and video including the driver admitting fault. He did not appear to want to deny any liability and was quite assistive in providing me a copy of his policy to allow me to get my claim filed immediately.

The insurance company is known for deceptive practices, and well documented on the internet for doing whatever it takes to deny a valid claim. Well they documented that it was indeed their drivers fault, but that the person WHO THE POLICE IDENTIFIED, and SELF IDENTIFIED, was someone different who happens to be listed as an excluded driver. (Deception).

I have video and photo proof of the driver , and its unmistakeable as the person THEY claimed is a 73y/o man, but the person who identified themselves, along with police id, is a 26y/o man. Unmistakeable as well as impossible according to the police.

Now the insurance company wont even return my calls, and in the process i have lost my job, my apartment, and soon my vehicle due to the lack of transportation to be able to work, as well as some minor injuries which i havent been cleared of. I enlisted an attorney to help, but they are meeting the same stonewalling and state that they have to speak with the adjuster from them before they can proceed. But the adjuster refuses to answer calls, and ignores all emails pertaining to this accident.

Im in texas, its now 2 months gone by. I need medical treatments as well as my property fixed, but as i only have liability, i cannot even get my insurance to handle the claim.
It sounds like a frustrating situation, especially when you've done everything right by gathering evidence and cooperating with authorities. Since the insurance company is stonewalling you, it may be time to consider legal options beyond waiting on the adjuster. You could explore filing a bad faith insurance claim, which could compel the insurer to act reasonably and promptly. Additionally, you may want to discuss potential actions against the excluded driver and any options for recovering your losses through uninsured motorist coverage if applicable. Stay persistent with your attorney and explore all avenues available to protect your rights.
 

Zigner

Senior Member, Non-Attorney
You could explore filing a bad faith insurance claim, which could compel the insurer to act reasonably and promptly.
Please expand on the theory under which the OP could sue the other party's purported insurance company for bad faith.
 

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