Damage caused by other car without contact?

Question

I was driving in the right lane and this guy in the left lane did a sudden lane change without turn signal. I barely avoided hitting him, but I scraped the passenger side of my car on the guard rail. Usually, there is an emergency lane to my right, but the emergency lane became a normal lane due to road constrution. I had no space to dodge this guy.

We filed the police report and this guy admitted his fault. However, when I called my insurance agent, she was skeptical about the situation since there was no collision involving two cars. According to my agent, it would been much easier to file a claim if there was contact. If I did not dodge him, the damage would have been worse and possibly some bodily injuries for both parties!!!!!!!!!! It's up to the insurance companies now, but really curious to find out whose insurance should cover the damage.

Answer 1

Insurance companies don't normally pay out unless the Police report shows that other @ fault.  Send a copy of the police report to your agent showing whom was @ fault and get the car repaired if you have full coverage they will recoup the money from the other drivers insurance!  Note some insurances will send you to their repair shops to get it fixed and if they can't find fault your insurance may go up.

Answer 2

You'v got to get some OJ lawyers in on that **** lol

Answer 3

Whether or not your 'adjuster' is skeptical or not, she's needs to listen to you and stop jumping to conclusions before she reads the police report.  I'd get a copy and let her know she needs to step it up a bit.

As for your question, his insurance should cover your damages... but beware, they say you over compensated..