Not at fault but new insurance has me at fault?

by Guest » Fri Apr 27, 2012 11:24 pm
Guest

A little over a year ago someone ran a red light and hit me. There was a police report made, and a witness there to confirm the other dirver ran the red light.

My insurance listed my car as a total loss and cut me a check, saying they would get their money back from the other driver's insurance. I kept in touch with the other driver's insurance (3 voice-mails daily). The agent for the other driver said that he was not contesting, that he admitted fault. They cut me a check to pay me back my deductible.

Four months later I had to change insurance companies (no longer living with the person I shared the policy with). Another ten months later (14 months total from the accident) I recieved a letter saying the claim was turned over to their subrogation department and if they needed any information they would contact me.

Again I am shopping for auto insurance. Two companies gave me very high rates and a third said they could not insure me at all. The fourth, finally told me why. The accident is somehow listed with me at fault.

How can I go about getting this cleared up? I have a copy of the police report, the witness's statement from the report, and a receipt of the at fault driver returning my deductible. Who should I talk to? I've left messages with the agent at the subrogation department, my old agent, and the at fault driver's insurance. Is there anything else I can do?

Thank you for your time

Total Comments: 1

Posted: Sat Apr 28, 2012 04:19 am Post Subject:

You have talked to the wrong persons all the way around. Your matter should have been discussed with your (former) insurance company's Customer Service or Claims Department. Forget the agent, and forget the Subrogation Dept. (although that's an important point, because what would there be to subrogate if you were at fault?).

You should also file a complaint with your state's Dept of Insurance -- unfair claims practices on the part of your own insurance company with you.

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