The fault party insurance company deny my claim

My car got T bone during car accident
Police came and conclude the accident as other
party’s fault
However after couple days the fault party insurance
deny my claim and saying is my fault

What can I do to ?
And my car insurance doesn’t have collision
coverage

Asked on July 6, 2017 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You sue the other driver. His insurance company's denial is not a legal or binding determination: it is simply their opinion that for some reason, they dont' think they need to pay your claim; therefore, they are not voluntarily offering you anything--all offers made without you suing and winning are voluntary, so the insurer can decide to not make the offer. (Note also that the police's opinion is not a binding legal determination, either, though it can be very useful evidence of fault; therefore, the insurer or a court is not required to find the other driver at fault simply because the police did.)
Your recourse then is to sue the other driver; if you can prove in court that she was at fault, then you can get a judgment requiring her to pay for your provable losses or damages. At that point, the driver or her insurer should pay. Good luck.


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