What are my rights if I was rear-ended in a 3 car pile up and my insurance claim against the at fault driver has not been honored by their insurer?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if I was rear-ended in a 3 car pile up and my insurance claim against the at fault driver has not been honored by their insurer?
I was the middle car in a 3 car pile up. The woman who hit me told her insurance company that she herself was the victim of a phantom hit and run. The police report cited her and wrote that there was no damage to the rear of her car. Her insurance company claims they looked at her car and now there seems to be damage (seriously?). They completely disregarded the police report and denied the claims. I’ve now filed with my own insurance company and will have to pay the deductible. This seems so unfair, and to me, it looks like a scam or fraud. What can I do?
Asked on November 29, 2015 under Accident Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can sue her to recover your deductible (and any other out-of-pocket, or not paid by insurance costs) you incurred: the other driver's insurer's opinion as to fault is just that--an opinion. It is not legally binding. They do not have to voluntarily offer you compensation (and evidentally will not), but that is their choice...but if you sue and win, they or their driver will have to pay. (You sue the at-fault driver, by the way, not the insurer.) If you're talking about the typical deductible of $500 to $2,000, a good option is to sue in small claims court, acting as your own attorney ("pro se") to save on legal fees.
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 AttorneyPages.com 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.