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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 117370
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I was involved in an accident in which I was attempting to

Customer Question

I was involved in an accident in which I was attempting to exit a parking lot and a pick up truck suddenly pulled out in front of me and I hit into him. I nor the other driver was injured. I had someone call the police. When they got there I told them what happened and they also talked to the other driver. There was a police report written up and it was clearly stated that the driver pulling out was at fault. I received a notice from the guys insurance co. stating that they denied my clain and that I was at fault, because I was "Driving fast in the parking lot" Their were no witnesses and I stated to the police that I was doing approxitmaly 5 mph. I then called my agent back to advise her of the denial and they reopened my claim and I sent a copy of the police report to her as per her request. MY agent sent the police report to the other insurance co. It was sent Dec.14th. My agent has not heard from them. She called them 12/18 and 12/29 and still nothing. Could they be avoiding this?
Submitted: 7 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 7 years ago.
The other insurer will likely do anything they can to try to get out of paying the claim. However, with no witnesses to you speeding and the police report stating the other party was clearly at fault and the report not mentioning you were speeding, the other insurer would be liable. You may end up needing to get an attorney to pursue them if they refuse to negotiate, but you need to contact the other insurer and try to negotiate first, even if they sent you the letter. If they refuse to negotiate, you are going to have to file suit for damages against the other driver and their insurer.

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Customer: replied 7 years ago.

I feel that I should not have to pursue a lawyer about this matter, that insurance co. is responsible and should not be ignoring the situation. I will seek other options.

Expert:  Law Educator, Esq. replied 7 years ago.
There are very limited options if the insurance company flat out refuses to pay you. You can file suit on your own without an attorney or you can file this with your own insurer and then let them pursue the claim on your behalf against the other insurer, those are your two options without hiring an attorney and if the other insurer will not speak to you to negotiate on your claim.
Customer: replied 7 years ago.
sorry no happy with answer or response.
Expert:  Law Educator, Esq. replied 7 years ago.
What you are not happy with is the law or your legal remedies which have been properly explained to you. The expert attorneys here do not make up the laws, we merely provide information on the laws as they exist. Sorry that you are disappointed with the status of the law or your legal options, but they are what they are.

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