Insurance Company is Playing Games, how Do I Fight Back?

[kofo]

Hello

i got into car accident end of last September
I am saying its the other drivers fault, but the other driver is also saying its my fault
luckily there is independent witness who is saying its the other drivers fault

The other driver insurance company did their "investigation"
They Claimed its my fault
So i called them and i asked them did you even look at the police report , they said NO, WE DON'T HAVE TO
So i asked them then why you think its my fault then , they said because we believe our insured word

So i went and i got the police report
The interdependent witness said its the other driver fault
The police said in the causes section its the other driver fault
I had 2 other witnesses in my car they also said its the other driver fault
Ans i am saying its the other driver fault

However, the other driver insurance company ignoring all that and saying its my fault without even looking at the police report and they do not want to talk to the interdependent witness

WOW FOR REAL

So what should i do in this case?
how do i make them pay whats mine?

Please help, its my first accident :(

 

[Jdavidson015]

This is strange, but they are a business and out to make money. Don't accept anything they say as is, if worse comes to worse you could sue em? Idk... Best to just let your agent/ insurance company handle it for now

 

[djs]

You have 2 options.

One is to file on your insurance and then your insurance will hash it out with them. This usually works, but it assumes you have collision coverage on your policy.

Second option is to file a claim in small claims court (depending on the amount of damage). This usually gets it settled pretty quickly, even before it gets to court, because they know they will have an uphill battle.

Filing a claim on your own insurance is the fastest, simplest way to deal with this.

Dan

 

[kofo]

You have 2 options.

One is to file on your insurance and then your insurance will hash it out with them. This usually works, but it assumes you have collision coverage on your policy.

Second option is to file a claim in small claims court (depending on the amount of damage). This usually gets it settled pretty quickly, even before it gets to court, because they know they will have an uphill battle.

Filing a claim on your own insurance is the fastest, simplest way to deal with this.

Dan

I have liability insurance only

so my insurance company said they have nothing to do with fixing my car, and they are not going to pay to fix the other car because they think i am not at fault
So they told me to call the other driver insurance company and fight them back

The cost to fix my car according to the shop the other driver insurance company sent me to is around $700 and might need 2 days rental car so i guess around $800
Its A LOT of money for me , and i dont know how small claims sue work :(

 

[Jdavidson015]

Another thing, when did the accident occur, I live in mass, and atleast here we have a 30 day window to report, and as I found out. If the other party reports and you don't, it becomes your fault. So you atleast have to talk with your agent. I've been looking into this stuff in regard to a few aspects, and as I have found, your insurance is supposed to fight their insurance for you... Now you say both the cop, and 1 witness (technically your passengers don't count because they were with you and are theoretically your friends) say its their fault, it should be a no brainier.... But clearly some people don't have one these days

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I have liability insurance only

The cost to fix my car according to the shop the other driver insurance company sent me to is around $700 and might need 2 days rental car so i guess around $800
Its A LOT of money for me , and i dont know how small claims sue work :(

Never use their preferred shop! Do some research and find your own that you like and trust. They deal with insurance and as the repair goes, they will fight on your behalf, and work with the other parties insurance in the process... I don't know you, your car, or your financial situation, but if any body panels are damaged, DO NOT LET THEM USE REMANUFACTURED PARTS!!! I found that out the hard way a few years ago, and I made the shop take the bumper and quarter panel off, order brand new ones, and re do the work. Anyway back to fighting the insurance, you may want to bring up calling the BBB or attorney general or something like that. I have found that to work well in the past for many things, not just car insurance

 

[kofo]

Another thing, when did the accident occur, I live in mass, and atleast here we have a 30 day window to report, and as I found out. If the other party reports and you don't, it becomes your fault. So you atleast have to talk with your agent. I've been looking into this stuff in regard to a few aspects, and as I have found, your insurance is supposed to fight their insurance for you... Now you say both the cop, and 1 witness (technically your passengers don't count because they were with you and are theoretically your friends) say its their fault, it should be a no brainier.... But clearly some people don't have one these days

I did report to my insurance and to the other insurance company in the very next day
but my insurance company is also bad i guess, they said its not my fault, but they are not going to fight on my behalf, since i only have liability insurance, so they fought to not pay to the other drive and they said they won and they are not going to pay , but they have nothing to do with getting money to fix my car

 

[Jdavidson015]

I did report to my insurance and to the other insurance company in the very next day
but my insurance company is also bad i guess, they said its not my fault, but they are not going to fight on my behalf, since i only have liability insurance, so they fought to not pay to the other drive and they said they won and they are not going to pay , but they have nothing to do with getting money to fix my car

You should take another look at your policy to confirm that, I think that in most cases they do. But as far as a small claims suit, you would have to talk to an attorney, I might be able to give you some insights as I just won't a small claims case against a multi billion, yes billion with a B dollar company about a month ago. I sued for treble (triple in normal language) damages plus all court and attorney fees.

 

[kofo]

You should take another look at your policy to confirm that, I think that in most cases they do. But as far as a small claims suit, you would have to talk to an attorney, I might be able to give you some insights as I just won't a small claims case against a multi billion, yes billion with a B dollar company about a month ago. I sued for treble (triple in normal language) damages plus all court and attorney fees.

I guess its time to search for an attorney then
Thank you

 

[Jdavidson015]

I guess its time to search for an attorney then
Thank you

No problem, but just FYI, my case want about car insurance.... Ohh and don't forget to go after the devaluation of your car. Go to a dealer and pretend your looking to buy a new one, and find out what they would give you for it, don't fight for more, then submit that as well and use nada to get the value of your vehicle without an accident but make sure to use the proper condition, and they need to pay you that difference as well

 

[kofo]

No problem, but just FYI, my case want about car insurance.... Ohh and don't forget to go after the devaluation of your car. Go to a dealer and pretend your looking to buy a new one, and find out what they would give you for it, don't fight for more, then submit that as well and use nada to get the value of your vehicle without an accident but make sure to use the proper condition, and they need to pay you that difference as well

Will do, i am going to try to talk to them one more time , and then if it didnt work i will try to find some good attorney

MAAAAN why cant every one just do their job
As you said, many people need brain lol

Thank you for all your help