How can we appeal a denied auto accident claim?

1 of our truck drivers was turning left onto a freeway street there are 2 lanes – 1 left lane and 1 lane for straight and right turns. A truck was on the right side lane and hit the side of our truck as they were both turning left. They exchanged insurance info, my driver took pics and we called the guys insurance. They sent they all the pics and they spoke to our driver. Now they are telling us because there is no police report, no surveillance and no witness that the claim is denied. It doesn’t make sense to us. Their driver even apologized and said he would help pay out of his pocket but now he’s telling our insurer that our driver got into his lane and hit him. No one was injured but our truck is not driveable and sitting in shop. How can we appeal this?

Asked on March 16, 2016 under Accident Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since your claim was denied, your only recourse is to sue the at-fault trucking company which is the registered owner of the truck for negligence.  You would also name the driver as  a defendant in your lawsuit for negligence.
Your damages (the amount of compensation you are seeking in your lawsuit) would be the cost of repairs to your truck.


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