by mandyhau » Thu Mar 31, 2011 11:41 am
On 2/26/11, I travel in Collegian Ave, Monterey Park, When I about to enter the parking lot of CVS store, I saw a man was going to back up his car from the parking space, so I stop my car at the entrance of the parking lot (without moving) waiting for him to back up his car, it is about 2 cars distance from my car , I though he was going to stop. But suddenly he keep back up and I try to horn him and warn him, but he couldn't hear it and his car slide from the slope of the parking lot to collegian Ave that he try to back up and exit, and hit my front bumper. His car is moving, but my car didn't move. He admits his fault and said sorry to me at the scene.
I contact his insurance next day and file a claim, she recorded what happen in accident as I describe. The next day she call me again to ask me what happen again and I explain to her and recorded it. She told me to take the car for repair estimation and arrange for rental car. I did it on 3/8/11 in Marco Collision Auto Body shop. Then she call me she had already send the check to Marco body shop. She want to record what happen in the accident again, then I told her this is the third time.
The next day morning, she called me and told me that she had to cancel the check that send to Marco repair shop and denial my claim because the other driver change his story saying it was my fault, I asked her why is my fault, she said I hit him when he back up and move forward. I asked her how can I hit him when my car didn't move, she didn't answer me and told me she had to believe in his story and said I don't have police report. I told her you need to investigate about it. I called Marco repair shop and told them about it, they said the adjuster did call to ask them to send back the check and she will cancel the check. They told me this case is very strange. I suppose she did all the investigation and confirm the man's fault before sending out the check, how the other driver can change his story and lie about it and she didn’t investigate it. I am so heart attack and upset.
I received a letter saying that contact my own insurance for repair my car, is this a denial letter ?
My insurance told me I can go small claim court to get judgement, is this the only way I have to do for next ? It is already 1 month pass, I need to get my car fix. Can I still get the police report ?
I contact his insurance next day and file a claim, she recorded what happen in accident as I describe. The next day she call me again to ask me what happen again and I explain to her and recorded it. She told me to take the car for repair estimation and arrange for rental car. I did it on 3/8/11 in Marco Collision Auto Body shop. Then she call me she had already send the check to Marco body shop. She want to record what happen in the accident again, then I told her this is the third time.
The next day morning, she called me and told me that she had to cancel the check that send to Marco repair shop and denial my claim because the other driver change his story saying it was my fault, I asked her why is my fault, she said I hit him when he back up and move forward. I asked her how can I hit him when my car didn't move, she didn't answer me and told me she had to believe in his story and said I don't have police report. I told her you need to investigate about it. I called Marco repair shop and told them about it, they said the adjuster did call to ask them to send back the check and she will cancel the check. They told me this case is very strange. I suppose she did all the investigation and confirm the man's fault before sending out the check, how the other driver can change his story and lie about it and she didn’t investigate it. I am so heart attack and upset.
I received a letter saying that contact my own insurance for repair my car, is this a denial letter ?
My insurance told me I can go small claim court to get judgement, is this the only way I have to do for next ? It is already 1 month pass, I need to get my car fix. Can I still get the police report ?
Posted: Thu Mar 31, 2011 01:01 pm Post Subject:
2 things...do you have collision coverage ? If so, is the damage $$ amount over your deductible?
If it's yes, yes I'd suggest filing a claim with your insurer and let them subrogate against his insurer. I'm going to assume the answer is no since your agent has advised filing a small claim.
It's perfectly normal in my state on Pa for something like this to happen. Many times a good material damage adjuster can tell from the damages on your car if you were moving or not. If the company adjuster already told you that the other driver changed his story she has likely made your case for you in small claims court. I'd suggest requesting a copy of the recorded telephone interviews from her and taking it to small claims. Unfortunately, if you have no collision coverage this may be your only option.
Sad fact is that when you suspect that people might let you down...they rarely dissappoint you
Posted: Mon Apr 11, 2011 07:50 pm Post Subject:
I think you should explain why you didn't observe the other car before the collision. Be specific in giving details on how the accident occurs, establish how far you pulled out before the collision. If here's skid marks and if the police measure it, it can help indicate the speed of the other car at time of collision. Ask for lawyer if necessary.
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