What do i do when the person who hit me denies the accident happened so his insurance refuses to pay?

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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: Mar 2, 2013

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Insurance Question from Four Corners, WA

Asked on 03/02/2013

What do i do when the person who hit me denies the accident happened so his insurance refuses to pay? My vehicle was struck by stuff that flew out of the vehicle that was driving in front of me. I called and filed a claim with his insurance company and a week later when i finally heard back from the insurance company i was informed that they had not been able to make contact with him yet to verify this actually happened. They then said if they are unable to make contact with him or he denies the accident happened they will not be paying. I then asked if that still applied if i had a police report saying this happened they said yes. Is this true? Can they actually do that?

Answer given on March 05, 2013

If your vehicle was damaged by objects that came off of another driver then the insurance for the other jparty should pay for the repairs to your vehicle. The other insurance company does have to speak to their insured to get their statement on the accident. If the other party refuses to return their calls, it makes it very diffecult to get the claim resolved.If you do have a police report send a copy to the other insurance company showing the other driver was at the scene and caused the accident. That may encourge the company to continue to try to contact their client.If you have collision coverage, contact your insurance company and see if the damages exceed your deductible. If so, have your insurance company repair your vehicle. They will then go after the other insurance company to reimburse them for the repairs. If your insurance company is successful you will get your deductible back.The final option is to sue the other driver in small claims court for your damages. The insurance company will need to defend the other driver and if they lose they must pay for your repairs.


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