Insurance Denied Claim..after Accepting it

My Jeep was parked on the road outside of my home..unattended. A truck hit the
rear end of my Jeep causing significant damage. Totaled the truck. The driver
claims to have been swerving to miss another vehicle? I did not witness this
as I was inside of my home..only heard the impact. Police report was made, my
Insurance Progressive notified by me. Allstate is what the driver who hit me
carries. Investigator sent out, took pictures of the Jeep and asked me
questions. I was told that it was settled and that I could soon be expecting
payment for the settlement based on the investigators audit/inspection. The
very next day, I was told that they will not honor this claim. That the vehicle
that the teenager swerved to miss is at fault? That person’s insurance is
saying NO, they will not take the claim. WHAT DO I DO NOW? I CAN’T AFFORD THE
REPAIRS. I’ve been screwed over

Asked on May 26, 2016 under Accident Law, Indiana


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

Answered 4 years ago | Contributor

It would be advisable to see which driver or drivers are at fault according to the police report.
Your only recourse is to sue the parties for negligence, who were at fault in the police report. You will also need to name the registered owner of the vehicle(s) at fault in the accident as a defendant/as defendants in your lawsuit for negligence if the registered owner is someone other than the driver.

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