Can third party auto insurance deny a claim before gathering my statement & witness statements?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 28, 2013

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Insurance Question from Seattle, WA

Asked on 07/28/2013

Can third party auto insurance deny a claim before gathering my statement & witness statements? I was involved in a car accident where I was cited for failing to yield to oncoming traffic. The other driver was speeding & contributed to the accident. I do not have insurance and filed a claim with the other driver's insurance. I sent a letter of notification and got a letter back that she was in receipt of my letter and to call her at my convinience. I gathered up witness statements and have a trial date for my citation in Sept in hopes of dismissaI. I got a letter that they denied my claim b/c of my citation but I hadn't sent in my statement/witness statements/pics yet to the adjuster..

Answer given on January 05, 2014

If you are involved in an auto accident and you are cited for failure to yield, the other insurance company will most likely deny your claim for damages to your vehicle.If you can get the ticket dismissed, and have witness statements from none involved witnesses, the insurance company may reconsider the claim. Even if an insurance company closes any claim, they can always reopen the claim if there is evidence that the claim is valid. go ahead and send the paperwork that you have and if the citation is dismissed, then send them that information. Continue to follow up if you do not hear from them. If they continue to deny the claim, ask to speak to a supervisor.If the citation is not dismissed, you will most likely be unable to collect from the other insurance company.

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