How can we appeal a denied auto accident claim?

UPDATED: Sep 30, 2022

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How can we appeal a denied auto accident claim?

1 of our truck drivers was turning left onto a freeway street there are 2 lanes – 1 left lane and 1 lane for straight and right turns. A truck was on the right side lane and hit the side of our truck as they were both turning left. They exchanged insurance info, my driver took pics and we called the guys insurance. They sent they all the pics and they spoke to our driver. Now they are telling us because there is no police report, no surveillance and no witness that the claim is denied. It doesn’t make sense to us. Their driver even apologized and said he would help pay out of his pocket but now he’s telling our insurer that our driver got into his lane and hit him. No one was injured but our truck is not driveable and sitting in shop. How can we appeal this?

Asked on March 16, 2016 under Accident Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Since your claim was denied, your only recourse is to sue the at-fault trucking company which is the registered owner of the truck for negligence.  You would also name the driver as  a defendant in your lawsuit for negligence.
Your damages (the amount of compensation you are seeking in your lawsuit) would be the cost of repairs to your truck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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