by Guest » Wed Oct 27, 2010 12:02 am
On a congested NYC street, a truck moved into my lane while I was waiting in traffic. I could see that it would not make it into my lane without hitting me. I honked numerous times. However, it moved into my lane and damaged the fender and side mirrors.
I only have liability and so my insurance company is not helping much. The other driver's insurance company has denied the claim.
The point of contact for the truck was its rear right. The original point of contact on my car was the driver door and the dent extended till the front part of the fender. The police report confirms that the dent starts at my door and moves to the fender. Given this situation, it is only possible that:
1) the truck entered my lane and hit me, or
2) I reversed into the the trucks lane.
Now that my claim is denied, what can I do? Do I sue the other driver, or do I sue their insurance company? Please help.
I only have liability and so my insurance company is not helping much. The other driver's insurance company has denied the claim.
The point of contact for the truck was its rear right. The original point of contact on my car was the driver door and the dent extended till the front part of the fender. The police report confirms that the dent starts at my door and moves to the fender. Given this situation, it is only possible that:
1) the truck entered my lane and hit me, or
2) I reversed into the the trucks lane.
Now that my claim is denied, what can I do? Do I sue the other driver, or do I sue their insurance company? Please help.
Posted: Wed Oct 27, 2010 02:12 am Post Subject:
Why was the claim denied? What reason was given? Was the denial sent in wrtting?
Posted: Wed Oct 27, 2010 03:03 am Post Subject:
Why was the claim denied? What reason was given? Was the denial sent in writing?
NY has adopted most of the NAIC's Model Unfair Claims Practices Act, which includes (as an unfair act) failing to state the reason for a claims denial, or misstating the coverage in a manner that leads a person to believe there is no applicable coverage.
If you have not received anything in writing concerning the claims denial, you should immediately contact the NY State Insurance Department and file a complaint.
I fail to understand on what basis a claim would be denied.
Posted: Wed Oct 27, 2010 10:48 am Post Subject:
Substantial ground is needed to deny a claim. Is it possible for a carrier to simply convey a denial message without stating the real reason? The insured should get a hint as to the real cause of the turn down.
Posted: Wed Oct 27, 2010 12:06 pm Post Subject:
All claims determinations are supposed to be presented in writing.
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