What can I do if my insurer won’t cover damages to my car even though I had full coverage?

I had full coverage on my vehicle and my daughter was driving; she stopped at a 4-way stop sign and she was already in the intersection and a big truck rammed into the rear wheel and back driver’s side door. The police were called and the officer didn’t cite the other driver but explained to me the way they put it in the police report as car 1 and car 2, he was car 2 and at fault. He said that’s how the insurance will read it. I had car towed thinking it wouldn’t be a issue and come to find out the2 years before.y wouldn’t cover her because she wasn’t rated even though she had an accident prior to this about 1 1/2 years ago. They would not cover anything so I had to pay $500 out of pocket to get the car released from the collision center. The claims guy said they would try and help see if any places around the accident had cameras but they did nothing for me. The other driver’s insurance company would not cover the damages. They didn’t even do a investigation they didn’t call my daughter or anything just denied they would fix it. It was clearly the other driver’s fault; if my kid pulled out in front of him damages would have been to the front side of my car not rear as she was already in intersection. I am stuck with these damages to my vehicle now and my insurance did nothing for me. Is there anything that I can possibly do?

Asked on July 1, 2017 under Accident Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You may be able to hold the other driver responsible, but to do so, you need to sue him: that's how you get money from someone whom you believe was at fault in causing damage to your car or causing you to incur costs. There is no one who will get compensation for you, if you own insurer will not due to the rating issue and the other insurer is refusing to voluntarily pay you. (Unless and until you sue their driver and win in court, any payment by them is voluntary--so they could choose to not offer you anything.) To get compensation, you would need to prove in court, such as with the use of the accident report and by calling the police officer(s) to testify (you'd have to subpoena them), as well as your and your daughter's testimony and any photographs of the damage, that the other driver was at fault; if you can do that, you can get a court judgment requiring the other driver to pay for the costs and damage you can prove (e.g. with estimates, bills, etc.) they caused. You sue the driver, not his insuer, even though his insurer may provie an attorney for him and pay for any amounts he is found to have to pay.


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