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Other party denied the claim! | Now What?

by Tiffany
(Alexandria, VA)

The incident happened about a month ago. There was heavy traffic with a light rain on an interstate highway. This girl rear ended me and we pulled to the next exit and exchanged information at a gas station. Initially, I told her that let me go get an estimate on the damage and have her pay it out of her pocket because I thought the damage wasn't severe.

That way her insurance rate wouldn't go up. I got back at her with a quote (approx. $1,000.00) and she told me what we would have to go through insurance for that. I agreed.

A week has gone by, I have not heard from her nor her insurance. She wouldn't return my calls either, so I went ahead and called her insurance to file the claim and to verify her insurance info that she gave me. Then finally I got a hold of her, she said that she had changed insurance to State Farm and that they would contact me regarding the claim.

Another week has gone by, her primary insurance finally contacted me and said that the girl denied the claim and even got a proof that she wasn't there at the time of the incident.

I've tried to call my insurance to see if they could do anything or even fight for me and they said that they can go ahead and get the damage fixed then would go after her insurance for reimbursement but it's not guaranteed.

What should I do now? Please help.

Thank you very much.


Hello Tiffany,

I am sorry about this… I guess I have to tell you that need to learn your lesson. Couple of them. Should this ever happen again (hopefully not):

  1. Always call the police! - Not only you would have evidence that she was there, but how many people on the vehicles (they could try to make an injury claim against you) and they can determine fault. Remember: People lie.

  2. Get insurance involved as soon as you can. - I know, you are worry about rates and there are certain circumstances were involving an insurance company is not worth it. However, you really need to protect yourself. You have a duty to report claims and you must do within a reasonable time. Your failure to do that can leave you without coverage. Also, you pay insurance for a reason: to use it when you need it, and that is in case of an accident.

Okay, enough of that.

You can try to see if you can file a police report. One month ago is a long time and the police may do some investigation. Talk to an officer (best if you go into the police station) and explain the entire thing. The police officer may go out there and take a statement from the lady and inspect her vehicle to see if there is damage there. They may not do anything.

That's about all you can do.

Good Luck,
Auto Insurance Claim Advice
Spokane Washington

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