What can I do for a car accident claim?

Question

I got into a car accident when I was driving at 5 mph in a parking lot (not sure if it's public or private), the other driver just back up the car and hit on my passenger side's door. We then went to file a report from the nearby police station. After like 2 months, the driver's insurance company sent me a letter that they are denying the claim. The letter states that "They are not legally responsible for your damage. We regret to advise you, therefore, that we are denying the claim. This was a parking lot loss and both drivers should have been paying attention and maintaining a proper lookout while driving". I am so pissed because I had the right of way. I then called my insurance company and my insurance company still cannot make the claim for me because I do not have full coverage. Does anyone think this case can be claimed at small claim court. The total cost of repair was $540 and I have spent like numerous hours on calling the other driver's insurance company. This is so pissing me off and I am also busy at work. Any advises would be helpful, thanks.

Answer 1

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Answer 2

Why are you bothering to even mess with the insurance company?  Go after the driver, take him to small claims court.  If you prevail he will need to pay and he will ask the insurance for the money back.  Then he can deal with the insurance not wanting to pay him back.

Answer 3

Make a diagram of the parking lot, parking spaces and the through lane that you were in, showing your direction of travel. Do you have a copy of the report that the two of you made at the police station? If not get one. Does the report show him admitting he backed into you as you were passing the rear of his vehicle? Get two estimates for the repair of your vehicle. File a small claims action and take all the papers you have to court with you.  

Answer 4

You may want to consider filing a complaint with your state's insurance department. (that is the highest regulatory body for the insurance).  Insurance department complaints get sent to upper management for the insurance company. This will make them take another look at the file and they will have to justify their decision to the insurance department.  Should you later decide to file small claims court - you may be able to get some additional information on their denial this way. And, they may re-evaluate their decision.

Also- the insurance department should be able to give you some general insurance information on how liability is determined in your state.