by martin.horrocks » Tue Jul 28, 2009 12:59 am
My wife was hit in a fender bender. She got the guys insurance details and we called him from home. He acknowledged he had hit us and said he couldn't afford to pay the $1000 repair estimate. He said to write a letter to his company. It went unanswered. We then approached his insurance company and they appointed a loss adjuster and took all the details. After their investigation, they refused our claim saying he had denied any knowledge of the accident and had signed an affadavit saying as such. He also stated that his truck was in the shop recently and his papers were stolen so perhaps that was how we got his details (i.e someone pretending to be him had used them!!!). A pack of lies. We have our mobile phone records and both my wife and I spoke to him. We also have the damage estimate and all dates written down in a clear timeline. At this stage, what else could we do? Could we go to the small claims court? He owns his own company.
Posted: Tue Jul 28, 2009 05:40 am Post Subject:
It's tough to hit someone's fender and not have _any_ damage to your own vehicle. Did the adjuster send someone out to inspect their insured's car? Did the adjuster find out what paperwork was stolen from the person's vehicle? I guess they are accusing you of stealing the paperwork? Do you work at the shop where his paperwork was stolen from? Can the shop confirm that they were broken into? So the story is that you broke into the shop, stole this person's vehicle information, insurance information and phone number and then called his insurance company to make a fake claim for damage to your vehicle?
1) The story is lame
2) I'm betting the adjuster did not even bother to investigate their insured's story... as it would be very easy to do (inspect their insured's vehicle, call the shop where the paperwork was stolen from.. if the registration was stolen, then the new registration will show a recent issue date, etc).
3) If confronted with this information and the other person's carrier won't pay the claim, you can file in small claims court. However, no police report is not going to help your case. But still, I'd think a judge is going to see right through this other person's story. You having his personal information including his insurance information is going to go a long way.
Also, I'm pretty sure it's required that after an accident both parties exchange drivers license information. Next time get this information. Also, have the person write out a short sentence or two about what happen and they can sign it. They don't have to do it but you can ask.
Posted: Wed Jul 29, 2009 07:27 am Post Subject:
Well, it's true that insurer would put more weight on their insured's version of the story and if the guy denies being in an accident, unfortunately they would have to trust him. But I'd agree with Tcope that in your case it seems that the adjuster's isn't doing a proper job of investigating their client's version.
He said to write a letter to his company.
Was he in his company's car at the time of accident? Have you tried following-up with his company after sending the letter?
What about your insurance company? Are you not insured?
Add your comment