Complaint 2 of 13 in “Rear Ended”
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- Insurance Carrier: Imperial Fire & Casualty
- State: LA
Auto accident in February 2007. Hit in rear. The guy who hit me was ticketed but never told his insurance company. I called Imperial Fire & Casualty in June to find out why I was not reimbursed for the auto damages. I forwarded ticket info to them. My doctor closed my treatments in July and forwarded the bills to them. By October, Imperial said they had everything they needed and were processing the claim.
In March 2008 they said that they didn’t have a paper signed by me saying that I wanted the doctor bills to be paid and so they didn’t have to pay the claim. How can they get away with not paying for their insured’s ticketed accident.
Insurance Expert Answer:
The other driver's insurance company is only obligated to defend the other driver, and need not pay claims against their insured unless you prove he was liable and you were injured and/or had property damage -- in essence you have to prove and push your case.
The fact that the other driver was ticketed is suggestive that he was at fault, not dispositive. The cop who gave the ticket probably was not a witness, and even if s/he were, other witnesses may have different stories. Or they might claim (as far-fetched as it sounds) that you were partially at fault (as if you stopped short or backed up into the guy behind you). You let this drag on far too long, and I am not sure how long the statute of limitations is in Louisiana. You may want to sue their driver in small claims court. If so they have to defend and probably will settle -- unless the statute of limitations has run. Or you may want to see a lawyer.