Insurance Denies Claim, what do I do next??!!

by kmherron » Thu Feb 12, 2009 12:05 am

My husband's car was totaled last week. He was parked illegally, and was hit from behind by a very elderly man going way too fast and not paying attention. Our insurance company has denied our claim because my husband was working at the time and our policy does not cover that. His company also only covers bodily injury, not car damage. I don't know what the next step is. Our insurance company (Geico) did not even attempt to contact the other guy's insurance company to try to get payment from them and I'm concerned about how much of a case I have here.

EVERYONE says that if you're hit from behind, even if double parked or parked illegally, it's the fault of the person who hit you, but I'm not sure if this is legally sound or not, and I can't seem to find an answer anywhere.

We've contacted the state insurance commissioner's office who says that they can't do anything until we try to get money out of the other party's insurance company, but I don't know how to do that. Do i just call them up? Or do I need a lawyer?

To top it all off, we owe 8k on the car and it's sitting in a salvage yard somewhere (we don't know where) not being able to be driven or fixed. SOOO, my other question is, are we unknowingly being charged to have the car sit there now that our insurance company has denied our claim and closed it? I cannot get any information out of, or even get in touch with my claim adjuster b/c she never calls back. I've also left a message with her supervisor just to try to figure out what my next steps are...HELP!

Total Comments: 8

Posted: Thu Feb 12, 2009 02:09 am Post Subject:

but I don't know how to do that. Do i just call them up?

Yep, you call them and file a claim, if you don't know the carrier's name, it should be on the police report...

Or do I need a lawyer?

I don't think so not yet...

To top it all off, we owe 8k on the car and it's sitting in a salvage yard somewhere (we don't know where)

How on earth do you not know where your car is? Do you know who towed it? if not that too will be on the police report, call the tow company and ask them where they took it, and then call them...

SOOO, my other question is, are we unknowingly being charged to have the car sit there now that our insurance company has denied our claim and closed it?

Oh yeah, anywhere from 10-50 dollars a day plus the original tow...

I cannot get any information out of, or even get in touch with my claim adjuster b/c she never calls back. I've also left a message with her supervisor just to try to figure out what my next steps are...

Well they are done with it, they did deny it in writing correct? Some adjusters just suck and IMO not returning calls is at the top of the list...

HELP!

I'm trying!!

When you say your husbands vehicle was illegally parked what do you mean by that? just facing the wrong direction or what? Was he in the truck? What did the police say? It depends on how he was parked, but the majority of fault would still likely go to the old man..you can't just hit a stationary object, and not be the majority at fault (most of the time)...how far ahead could the old man see the vehicle? Many questions need to be answered first...

So...get on the ball and find your vehicle, see if you can pay and get it moved to your house, you may be able to negotiate the tow and storage bill down...even if the other carrier accepts liability they are not going to pay for this vehicle setting there racking up storage fees...so you need to move it and move it quickly...find out the insurance company of the old man and get a claim filed...answer my questions, provide as much information as you can about the accident, and we'll see what our opinions are re: negligence, also what state are you in?

Posted: Thu Feb 12, 2009 03:21 am Post Subject: Okay, more info...

We live in Tennessee. My husband was parked illegally in the sense that he was on the street in front of the building he was delivering to with his flashers on in the direction of traffic. He was not in the car at the time. He got a ticket for blocking traffic and the old guy, despite going 45 in a 30 when he hit us, and having at least 1/4 mile of clear view ahead, did not get a ticket at all.

We do not have the denial in writing yet, they've just verbally told us that it was denied, but I'm sure it's in the mail.

The police report has taken a week to be processed. We're going to get it tomorrow even though they're charging us $60 to get it (i've never heard of this either) and call the other guy's insurance company.

We also plan on getting the car out of salvage, but I thought it was illegal to park a totaled car at your house??? If not, it can sit here as long as it needs to.

Thanks for your help!

Posted: Thu Feb 12, 2009 09:47 am Post Subject:

If the policy document states that the car isn't covered under the plan when used for work, then the insurer is right about denying the claim. Therefore, the option that remains for you is suing the other driver for the property damage. You may sue the other driver at the small claim court, which wouldn't require you to hire an atty. BTW, who was deemed to be at-fault in the police report?

Posted: Sat Feb 14, 2009 07:29 pm Post Subject: At Fault

My husband was determined to be at fault. The guy (in the police report) stated that he tried to hit the brakes, but they failed. It also says that the police checked the brakes and they were in working order. It also says that the road was clear, dry, straight, with ample sight distance and that they didn't give the other driver a ticket....how's that for FUBAR!

Posted: Mon Feb 16, 2009 02:43 pm Post Subject:

The guy (in the police report) stated that he tried to hit the brakes, but they failed. It also says that the police checked the brakes and they were in working order. It also says that the road was clear, dry, straight, with ample sight distance and that they didn't give the other driver a ticket....how's that for FUBAR!

Yeah, I'd fight this one...and don't pay that stuid (highest i've heard of on a wreck like this) police report, ask your adjuster to email or fax it to you they already bought it...how much room did the old man have to go around your husbands vehicle, and were there any witnesses?

Posted: Mon Feb 16, 2009 05:34 pm Post Subject: Response

The old man had another lane plus half the lane he was in. I don't believe there were any witnesses at the scene.

We've been contacted by the old man's son today and told that he wants us to pay for damages to his dad's car. I've been told by a lawyer not to do that, that he has at least partial fault and to take it to court.

Posted: Wed Feb 18, 2009 03:47 pm Post Subject:

I've been told by a lawyer not to do that, that he has at least partial fault and to take it to court.

I couldn't agree more, but were I you I'd file myself for MY damages in small claims court...do not wait and be the defendant rather than the plantiff..(IMO)

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