Insurance Company refusal of claim | Please help!

by Dani

My mother was in a car accident driving on a main route. A truck came out of a side street from a stop sign and clipped her with his right rear panel. The officer on the scene listed his driver contribution as a 4 which is "failure to yield right of way" and listed my mother as a 1 which is "no improper driving" and the insurance company is refusing to pay.

Will the police accident report hold up in small claims court or can the insurance company still refuse to pay?


Answer:

Hello Dani,

Police reports are strong evidence but If there is evidence to disprove the report, it can be brought up here, which might defeat the report. Also, many adjusters and claimants could claim that the police officer did not see the actual collision to make that type of conclusion.

In any event, the police report is on your side, which is very strong.

I take it that 1. you did not have (or your mom) collision coverage and 2. the other insurance company is not paying because they do not believe they are at fault. If this is the case, then the insurance company would be required to pay if you prevail in small claims court.

However, if they are not paying because of some other reason not related to liability or fault (no coverage, non payment of premium, etc). They might not cover the loss.

Before you do anything talk to an attorney and visit this page for key info on what to do in small claims court.

http://www.auto-insurance-claim-advice.com/small-claims-court.html

http://www.auto-insurance-claim-advice.com/