I was rear ended by a taxi cab. I have a police report and an estimate. After four months of waiting the cabs insurance denied my claim.

Question Details: I was told by the owner of the cab company to go through his insurance to cover the damages. I turned over the police report, estimate, and my statement of the events.The company sent their own estimator and he took his own photos.After four months of being told that they still had to get the drivers statement I received a letter saying that tehy were not going to pay for my damages even though the cab driver rearended me. I would like to know how to go about getting the money for the damage their driver caused to my car.

Asked 11/12/2009 under Auto Accidents | 444 View(s) | More Legal Topics

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Auto Accidents Law Answers

Hire a lawyer, and sue the cab company and the driver, if necessary.  Take the insurance company's letter (all of their letters, from the beginning, if you still have them), and the accident report, a copy of the estimate you got and the statement you submitted, to the attorney.  I have a feeling that you might not actually need to file the suit; a lawyer's letter can often get an insurance company to "reconsider" a position they have taken, which they have a pretty good idea won't hold up in court.

Your attorney might find that denial letter very interesting.  In New Jersey, if an insurance company fails to deal in good faith, they can be sued for that, and the damages usually include attorney's fees.  Denying a claim against their insured for a tail-end suit would take some unusual facts to justify, as long as the policy was in force at the time.

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