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Insurance Claim Denied

by J. McDowell
(Louisville, KY)

My 16 year old daughter was involved in an automobile accident about five weeks ago. She was hit in the right rear of her car spinning her around. Her car, which is a 96 Cavalier, suffered severe damage. The car is still driveable, but the trunk can no longer be shut and the frame is bent.

The police report states that the other driver was at fault for inattention and failure to yield. My daughter was crossing an intersection on her way to school when the other vehicle struck her.

The other driver failed to stop and must not have been paying attention, two more seconds and the accident would not have happened. My daughter's car was struck on the very rear of the right side literally two inches from the back of the car.

We have been in contact with the other driver's insurance company and after many weeks of cooperating with them, giving statements, meeting them for photos, etc, they have decided to deny the claim.

This is based on their insured stating that she is not at fault. Should we take this to small claims court? If so, are we to take the driver or the insurance company to court?

Thank You,
J. McDowell


Well, please see our section on small claims court.

Small claims may not have enough limits for you (you need to check) to cover all your damages. If you take the accident to small claims and win, then the insurance company must pay. If however, the insurance company is not found at fault, then an appeal can be very difficult and expensive to get.
If you go to small claims, you would be taking the person that hit you and not their insurance company.
We hope this helps

Good Luck

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