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I was in an accident months ago and i was moving with traffic, i crossed an intersection and the other driver pulled threw the intersection out of no where very fast and i hit him. my light was green and and i have 2 witness that were at the covenience store at that intersection who seen everything and brought me my licence plate down the road. the reason i was down the road is because i had to chase him down the road while dragging my bumper to get him to stop. the insurance company is telling me that based on their investigation they are not liable. i wonder why they asked for these statements from the witness when it keeps falling back to the fact that they beleive only what their insured is telling them. Can anyone give me some advice on where to go from here. Also i forgot to add that there were still other cars waiting at the red light he claimed had turn green. Thanks for any help and have a great holiday everyone=)

7 Thoughts on the other partys insurance company doesnt want to pay my claim what should i do?
  1. Reply
    Jess D
    December 16, 2012 at 12:17 pm

    sue the ba$ [email protected]!!!

  2. Reply
    Mitch
    December 16, 2012 at 12:22 pm

    You have 2 options:

    1. You can go through your own insurance and let them go after the other party to recover the costs to repair your car. Your insurance company cannot sue for recovery unless they actually pay out on your behalf. This process is called subrogation.

    2. You can file a lawsuit and try to collect any judgment you receive.

    Good luck in your efforts.

  3. Reply
    es
    December 16, 2012 at 12:59 pm

    You should make the claim thru your insurance company, and let them slug it out with his insurer. If you did not advise them timely, you may have a big problem, and may want to see a lawyer or contact a public claims adjuster.

  4. Reply
    Queen B
    December 16, 2012 at 1:03 pm

    contact your insurance company and tell them what happened. they will file a claim for you to repair your car minus your ded and they will investigate to get the facts of the accident. if they find you were not at fault they will subrogate against his company for repayment plus your ded. you pay your premiums for help from your company let them help you.

  5. Reply
    mbrcatz
    December 16, 2012 at 1:25 pm

    You have to sue the other driver.

    Their duty of good faith is towards their driver – not towards you. Sorry.

  6. Reply
    bud68
    December 16, 2012 at 1:57 pm

    You have two choices: pursue the matter through YOUR insurer (which you should have done in the first place) or sue the other driver.

    You can request a settlement from his insurer but you can’t actually file a “claim” against his policy because you are not the policyholder. Likewise, you cannot sue his insurer because they were not a party to the accident. You would have to sue him directly.

  7. Reply
    car253
    December 16, 2012 at 2:05 pm

    Do you have collision coverage on your insurance? If you do then let your insurance company fix your car and go after the other company. That is what you pay them to do.

    If you do not have collision coverage, then you have to sue the other driver in small claims court.

    Those are your only options.

    And, I would file a complaint with the Department of Insurance in your state against the insurance company that denied your claim. Your case seems pretty clear cut that you were not at fault.

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