If adeer hit my car andmy insurer is refusing me any compensation, what do I do?

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If adeer hit my car andmy insurer is refusing me any compensation, what do I do?

I filed a claim and my insurance company is not willing to give my anything to get my car fixed or help me get another vehicle. They say that damages were similar to previous damages even though there was all new damages and my car is no longer drivable.

Asked on December 2, 2010 under Accident Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Assuming, as seems to be the case, you have the appropriate coverage (e.g. collision), then the insurer has to pay IF they believe its a valid claim. An insurer is allowed to investigate and not pay claims they believe are fraudulent or not covered, such as claims for pre-existing damage. You do not necessarily have to accept the insurer's determination at face value. You can use their own internal appeals process; and if that doesn't work you can sue them to try to get them to honor their policy (and their are lawyers who specialize in this). Note that the cost of suing, if you retain an attorney, could exceed what you hope to recover, especially since the policy only has to pay up to its limit and you'll have to pay the deductible.


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