Rear Ended in California - Other Party's Insurance Denies Liability

Jul 9, 2015

  1. drevil7171

    drevil7171 New Member

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    I was rear ended recently. The other driver admitted fault on scene, but wanted to repair damage to my car himself saying it was just a scratch and would just buff out. Given the visible damage, I insisted on filing a claim.

    I called my insurance Provider (Progressive) who asked that I have the damage to my vehicle appraised. Damage ended up amounting to $900. Progressive informed me my deductible was $1,000 and they suggested I wait for other driver's insurance to pay for my car to be fixed, or pay out of pocket and be reimbursed if I so choose.

    Other driver's insurance provider (Infinity) dragged their feet for nearly two months saying they are unable to contact their insured etc etc. Finally got a letter from Infinity stating they are denying liability per some conversation with their insured, explaining it was my word vs his and as a matter of policy they support their insured.

    Called back Progressive and was informed there is nothing they can do. Had my damage been greater than my deductible and Progressive had some skin in the game they would have supported me in the subrogation process, but they are unable to help.

    Am I just slipping through the cracks here? Any advice on potential recourse on my end? Progressive mentioned small claims court would be my only option, but given the other party's willingness to lie, the vehicle he drove, and his sudden disappearance while trying to be contacted by his Insurance provider, I imagine the process would be just awful.

    Appreciate the help.
  2. GreenSky

    GreenSky Guru

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    If you're a member of AAA I understand they will help (or used to) with this.

    And you can always file in small claims court which is what I would do. He'd have to convince the pretend judge how you were at fault when he couldn't stop.

  3. djs

    djs Super Moderator Moderator

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    You didn't include the details of the accident, but most of the time, you get rear-ended, the other person is at fault, pretty open and shut.

    Infinity is just figuring its small enough dollars, you won't do anything.

    If you have pictures of the accident damage (hopefully of both cars), file in small claims court. Once the other party gets served and talks with his insurance company, they will most likely settle long before it goes to court and they run up additional fees that they will end up paying.

    djs, Jul 9, 2015