by Guest » Tue Jan 17, 2012 04:41 pm
I was driving through a snow storm at 30mph and visibility was extremely poor. I was on my way home and the storm wasn’t going to stop anytime soon. There is at least 3 inches of snow on the road and suddenly I crashed into something very hard. I get out of the car and find out that the guy living on one of the houses had ploughed out a driveway and left the snow piled up in the middle of the road. My front bumper is a little cracked and my air conditioning is damaged and leaking fluids. I filed it with my insurance company and gave them the guy’s details. A couple of days later they called back and informed me that they won’t be perusing the claim from the guy who ploughed the snow into the road since 1) he denies doing so and 2) the snow could have piled up because of the snow storm. Insurance company wants to put it under my collision coverage and pay for it. I think it’s a little unfair of them. Is there any way that I can contest this?
Posted: Tue Jan 17, 2012 06:55 pm Post Subject:
No... as, under your policy, your carrier would extend coverage under your collision coverage anyway and you'd be subject to your deductible. The only issue that changes is if they seek recovery from the other person. That is their choice. You can always seek recovery on your own for your deductible.
Here is the question... can you prove that the snow you hit was from that person pushing it out into the road? Why did no one else hit this snow? You say this person gave you his information... why would he do that if he had nothing to do with the accident? Do you have a mobile phone? If so, you should have taken pictures of the snow and his driveway... then this would be case closed.
My recommendation is to ask this person to pay you your deductible. Your carrier has told you that they won't seek recovery so anything you get would be yours.
You could also raise hell with your carrier and see if they will then seek recovery. Let them know you've been a insured for x number of years and you see no reason why they should not at least send a letter or two asking for payment. I can just tell you that they probably won't spend any money pushing recovery but I think they are doing a poor job is at least they don't try.
Posted: Wed Jan 18, 2012 04:27 pm Post Subject:
You have no evidence to contend the other party's claim. Its best that you let you insurance carrier take care of it under your collision coverage. You can try to pursue the claim against the other guy on your own but without conclusive evidence you won't have a strong case.
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