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 Posted: Wed Jan 16, 2008 7:49 am Post subject: Insurance wont pay Please help |
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| A woman hit my car in a parkng lot. Their was a police report saying she backed into me. Her insurance said the police report only says my side of the story and they dont go by the police statement. Her insurance told me their not paying me to get my car fixed. I have been trying to get the video from the store to show she hit me but the store wont give me the video to send to her insurance. I dont have the money to fix my car. Can anyone help me on what I should do? |
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huh
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| Posted: Wed Jan 16, 2008 10:13 am Post subject: |
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| try running an ad in your local newspaper asking if anyone may have witnessed the accident. also, supply the video store with a blank tape(preferrably purchased from their store) and ask if they will give you a copy that shows the accident. if the video store still refuses to supply you with a copy then defineately stop buying and renting videos there! |
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honestr
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| Posted: Wed Jan 16, 2008 10:26 am Post subject: |
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| Quote: | | A woman hit my car in a parkng lot. Their was a police report saying she backed into me. Her insurance said the police report only says my side of the story and they dont go by the police statement. |
This is correct and you have to agree that they cannot use this type of report... | Quote: | | Her insurance told me their not paying me to get my car fixed. |
clearly she either says she didn't do it or a different story than yours... | Quote: | | I have been trying to get the video from the store to show she hit me but the store wont give me the video to send to her insurance |
why? what is the reason? as honestr said see if they will copy it for you, or contact the police dept (preferably the same officer that handled your report) and see if they can compell the store to give you a copy... | Quote: | | I dont have the money to fix my car. Can anyone help me on what I should do? |
You have to have 'evidence' if after getting the tape (if you do) they still won't pay (and i'm sure they will pay if it shows her hitting you-were you parked I assume?)...then file a small claims court action these are very inexpensive to do...if you get a small claims judgement her carrier has to pay or fight the judgement.
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Lori
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| Posted: Thu Jan 17, 2008 7:09 am Post subject: |
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Hi huh, if the woman backed into vehicle and your car was properly parked then she is definitely at-fault. And her insurer can't possibly deny you the claim.
| Quote: | | Their was a police report saying she backed into me. Her insurance said the police report only says my side of the story and they dont go by the police statement. |
Why so?? hasn't her statement got recorded? Do as honnestr has said, if you are lucky to find an eye witness, you may make them change their mind. The women surely have denied the responsibility of the accident.
Haven't you have insurance on your own car?? you can then file the claim with your carrier and later no let them go after the other party's insurance company. This process is called subrogation.
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Debug
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| Posted: Thu Jan 17, 2008 10:38 am Post subject: |
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| Quote: | | Hi huh, if the woman backed into vehicle and your car was properly parked then she is definitely at-fault. And her insurer can't possibly deny you the claim. |
Unless she told her insurer she did not do it! (which is what I'm betting happen)..
| Quote: | | Why so?? hasn't her statement got recorded? |
apprently not... | Quote: | | police report only says my side of the story |
It's a one sided report they can't use it..
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Lori
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| Posted: Thu Jan 17, 2008 11:24 am Post subject: |
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In my experience I've seen the cop to ask both the driver involved in the accident to describe the scenario ( yeah, at times one party may influence the report, but both were asked to sing their part of story). My question to you Lori , under what circumstances the police report only register the statement of one driver and that of not the other? Please help me in understanding the facts better.
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| Posted: Thu Jan 17, 2008 12:01 pm Post subject: |
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| Quote: | | My question to you Lori , under what circumstances the police report only register the statement of one driver and that of not the other? Please help me in understanding the facts better. |
Well always in a hit and run...which I'm guessing this loss ''kind of'' might be...Anytime anyone does a 'walk in'' report to the police dept, unless 'both' parties walk in (which is rare), then there is only one side to the report...I'm guess that our OP (or another example), came back to his parked car and had reason to believe the vehicle next to him (or a note was left by a witness maybe) had hit him...he then reports to the police, 'one side'' is all there is...I've seen this many many times handling claims and on the other side, a claimant reports a claim saying that our insured hit their parked car, the claimant goes to the police and says, 'jane doe driving a 1979 pinto hit my parked car at the walmart, here is the license plate info etc''.. the cops will make a report then that's it...they generally won't follow up any further especially on private property...now what am i to do as an adjuster? I contact my insured take a statement he says, 'my car was in the garage all day!' I as the adjuster will then inspect the insured and claimant vehicles will attempt to 'match up' damage if there is any...all adjusters/companies won't go to that extent....but in the end if my insured has no damage, no witness, I HAVE to accept my insured's word over the claimants...assuming all things are equal....hope this cleared it up some...
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Lori
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| Posted: Fri Jan 18, 2008 2:11 am Post subject: |
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That does make sense, Lori, I was going to ask the same question myself as to how it could be a one-sided police report.
When you think about it, what's to stop someone from hitting your car then picking out someone else's car at random in the parking lot and leaving an anonymous note on your windshield describing that innocent person's car and license plate number?!
I guess that's why you'd inspect your insured parties car too eh.
While I sympathize with huh, (having had a car smash into mine while it was parked outside my house many years ago I know how rotten it is when you're not even IN the car, never mind at fault..it just adds insult to injury) I can see the situation from both sides more clearly now.
Thank you, Lori!  |
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lilacsigh
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| Posted: Fri Jan 18, 2008 2:28 am Post subject: |
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| Quote: | | When you think about it, what's to stop someone from hitting your car then picking out someone else's car at random in the parking lot and leaving an anonymous note on your windshield describing that innocent person's car and license plate number?! |
Due to insurance being a legal thing, they can't get that far without proof, if a claim turns out to be false, the insurance company will lose out on money, business and reputation. Which is the reason why they go over things that are suspicious with a fine-toothed comb, even to the point of having people swear under oath.
Besides, it's rare that a car will hit another, and one of them doesn't get a scratch on it. If I saw a dent in my car, and the car that was meant to have hit it is in perfect condition, I'll be grabbing surveillance tapes.
As for the issue at hand, get a hold of the police and get a report from her, and have them force the store to fork over the tapes. If there is a cop wanting a statement from her, and proof, then she has two choices;
1. Lie and get busted by the tape, and probably get arrested for lying to the police.
2. Or face the music and pay up for the damage.
Be quick on it though, even though stores are supposed to keep the tapes for months before reusing them, some don't last a week.
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Quenlin
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| Posted: Fri Jan 18, 2008 11:05 am Post subject: |
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Yeah, you have to look at it from the other perspective, if your carrier calls you and says, ''john doe just turned in a claim saying you hit his car, HE HAS A POLICE REPORT''...(course only his side)...you wouldn't want your carrier to go, ''ok, have a wreck get a check...here you go john doe!'' Even though you maintain you never left your house that day!
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Lori
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| Posted: Sat Jan 26, 2008 7:35 pm Post subject: Do you have your own insurance? |
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From my experience in the auto industry I think the quickest way to get the "other" insurance to pay was to report it to yours.
If you have insurance take police report to your agent and file a claim to fix your car. Especially if you have under insured or uninsured motorist coverage. They will fix your car but they will also go after her insurance to recover.
Just an idea but I bet your insurance can accomplish a lot toward getting reimbursed than you can get trying to deal with the other insurance yourself.
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mega
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| Posted: Sun Jan 27, 2008 10:38 am Post subject: |
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| Quote: | | Especially if you have under insured or uninsured motorist coverage. They will fix your car but they will also go after her insurance to recover. |
Sorry Mega got to correct you here....UIM (under insured motorist) and UM (uninsured motorist-BI which is commonly referred to as simply UM) cover injuries only...With the only exception being that you have purchased UMPD (uninsured motorist property damage) which isn't available in all states and most people don't carry it anyway...(that is NOT the required UM)...anyway UM and UIM cover only injuries no vehicle damage...What I think you meant to say was collision or comprehensive, (mainly collision).... 
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Lori
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| Posted: Sun Jan 27, 2008 1:18 pm Post subject: But was the other part correct? |
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HA HA...I had two parts to that. That his vehicle insurance company would most likely be able to do more than an individual effort towards getting reimbursed?
That's like 50% right. HA HA
Like I had posted in another topic I have never had to file a claim but I really did think uninsured coverage was for auto also. So I have learned something. I have it on my policy (always did since the premium was not much extra) but just assumed that never really did read that. Guess I best start paying attention to what I am getting.
Thanks for the correction.
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mega
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| Posted: Sun Jan 27, 2008 1:24 pm Post subject: Lori |
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Once I made that post I got to thinking and was sure I was right. LOL.. So I googled it and this was the first one I found:
Excerpt:
| Quote: | Think of uninsured/underinsured motorist coverage as an important self-help tool that generally is pretty affordable. It`s important for people to protect themselves in case they get into an accident with someone who either has no auto insurance or doesn`t have enough coverage, says Mahrt, western regional public affairs director for the American Insurance Association. "You probably can`t afford to drive without it."
"Everyone does need it if you live in a state that mandates that coverage, and about a dozen states do," says Mahrt`s colleague, Dave Snyder, vice president and assistant general counsel for the American Insurance Association in Washington, D.C. "Your auto insurance provider should be able to tell you whether that coverage is mandated or is optional. Beyond that, if you buy it, you need to determine how much coverage you need. How much you need depends on whether you have health insurance and whether you want to be compensated for ‘pain and suffering,` which you get with UM/UIM."
"You can protect yourself from being hurt financially by buying uninsured/underinsured motorist protection," points out Kummer, director of auto insurance for the Property Casualty Insurers Association of America in Des Plaines, Ill. "Without uninsured/underinsured motorist coverage, you have little likelihood of gaining payment for damages you or your vehicle sustain if you`re involved in an accident with a driver who is either underinsured or driving without any coverage," says Kummer.
Selective Insurance Senior Vice President Sharon Cooper characterizes uninsured/underinsured motorist protection as "an important coverage for consumers because it protects them in situations they can`t plan for. Without the coverage, their only recourse may be to sue an individual to cover their losses if (that other driver) doesn`t have insurance or enough insurance."
Uninsured coverage also covers you if a hit-and-run motorist hits your vehicle. "With this coverage," Kummer continues, "you and your passengers receive compensation for medical expenses, lost wages and other injury-related losses. You can sue that person, but if that driver has nothing, you`ll get nothing even with a favorable judgment."
Underinsured motorist protection pays you for damages that surpass the amount of coverage carried by a driver who is underinsured. "That's valuable, because many drivers carry minimum limits, and that may be insufficient to cover your injuries and lost wages," notes Kummer.
The Insurance Information Institute's Carolyn Gorman extolled the virtues of such catastrophic coverage. "You absolutely need this coverage, because, if you get into an accident with someone who is driving without insurance or doesn`t have enough of it, you want to be made financially whole again. You have to protect yourself fiscally and physically, and uninsured/underinsured motorist protection can help you in that regard."
Uninsured motorist protection can help you in another way. "Let`s say you`re a pedestrian. If you carry this coverage and you get hit by a car while you`re trying to cross the street, the coverage could pay your medical expenses and lost wages," says Gorman, vice president for III, based in New York. |
Now that was what I said wasn't it? I'm sure I'm missing something here but this is what I always thought too? What am I missing?
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mega
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| Posted: Sun Jan 27, 2008 2:51 pm Post subject: |
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| Quote: | | That his insurance company would most likely be able to do more than an individual effort towards getting reimbursed? |
Some times, the most important part is regardless of fault your own company (using your collision coverage) can get right to work on your vehicle, no investigation other than assuring coverage is in order has to be completed...so they can go right to work getting your vehicle under repair, (no liability decision has to be made prior to repairs beginning).
| Quote: | | but I really did think uninsured coverage was for auto also |
Auto policy yes, auto damage no, unless you have UMPD....which is uninsured motorist property damage...as I said, UMPD is not even available in all states, and rarely carried if it is unless a person doesn't have collision coverage, carrying both UMPD and collision would be carrying redundant coverages. Although some times the UMPD deductible could be less....
| Quote: | | I have it on my policy |
I can't remember which state you're in for sure if SC, UM is a required coverage in SC, it appears it is not in Arkansas...(however Arkansas is a PIP state just an fyi).In most states UMBI is mandatory while UMPD (if available) is normally optional.
| Quote: | | Now that was what I said wasn't it? I'm sure I'm missing something here but this is what I always thought too? What am I missing? |
Well first of all if a person did have UMPD and used it, there would be no other insurance company involved see?
Not sure where you got this info (source) but it correct for the most part: | Quote: | | How much you need depends on whether you have health insurance and whether you want to be compensated for ‘pain and suffering,` which you get with UM/UIM." |
| Quote: | | "Without uninsured/underinsured motorist coverage, you have little likelihood of gaining payment for damages you or your vehicle sustain if you`re involved in an accident with a driver who is either underinsured or driving without any coverage," says Kummer. |
Mr. Kummer is correct in in that UM is a blanket term, under that term are two totally different available coverages UMPD and UMBI.....most people even insurance companies (and me) and DOI sites refer to UM as the UMBI version, although this is technically incorrect...and should use the term UMBI, or UMPD. | Quote: | | ...."you and your passengers receive compensation for medical expenses, lost wages and other injury-related losses |
Only injuries caused by an uninsured person are covered...under what most of the time is termed UM.
UIM is very state dependent in what coverages the 'u' covers...some states allow it only for the BI or UM, others will allow it under the PD coverage...
Here's alittle FYI I found interesting regarding UMPD:
| Quote: | | Ten states require insurers to offer UMPD coverage and give policyholders the option to reject it. They are: Arkansas, Colorado, Illinois, Indiana, Iowa, Louisiana, Maryland, Ohio, Oregon, and Utah. |
| Quote: | | The District of Columbia and five states, New Hampshire, New Jersey, South Carolina, Vermont, and Virginia, require the purchase of UMPD coverage |
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| Quote: | | Alaska, Delaware, Georgia, Mississippi, New Mexico, North Carolina, Rhode Island, Tennessee, Texas, Washington, and West Virginia require UMPD coverage but allow policyholders to reject it. |
There are also some wacky limits etc in some states re UMPD:Alaska: $250 deductible
| Quote: | Arkansas: $200 deductible
California: UMPD can pay for the collision deductible, not to exceed $3,500
Delaware: UM coverage includes UMPD; $250 deductible
District of Columbia: UMPD required; $200 deductible or higher
Georgia: UMPD required; $250 deductible or higher
Hawaii: UMPD required; $50 deductible or higher
Illinois: $250 deductible
Indiana: No deductible or $300 maximum, waived if car was legally parked; must have UM Bodily Injury to get UMPD
Louisiana: UMPD required; $250 deductible
Maryland: UMPD required; $50-$250 deductible
Mississippi: $200 deductible
New Jersey: UMPD required; $500 deductible
New Mexico: UMPD required; $250 deductible
North Carolina: UMPD required; $100 deductible
Ohio: $250 deductible
Oregon: UMPD required; $200 deductible
Rhode Island: $200 deductible, waived under certain circumstances
South Carolina: UMPD required; $200 deductible
Tennessee: $200 deductible, waived under certain circumstances
Texas: UMPD required; $250 deductible
Utah: UMPD required if no collision coverage; $250 deductible
Vermont: UMPD required; $150 deductible
Virginia: UMPD required; $200 deductible
Washington: UMPD required if no collision; $100 deductible, $300 for a hit-and-run
West Virginia: UMPD required; $300 deductible |
So in summing up (i know finally!  ) ''most'' of the time when people refer to UM they are speaking of UMBI, (which is required in the majority of states)....and WILL NOT COVER ONE SCRATCH ON YOUR VEHICLE. The only UM coverage that would is if you have purchased UMPD...
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Lori
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