Question about how to proceed
UPDATED: Sep 30, 2022
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Question about how to proceed
I recently purchased a car and added liability only since I own it outright.It is an older car from 2004. Then a few weeks later after speaking with a counselor I up my coverages on my car to full coverage with low deductibles bc she advised me it was important to be covered if something happens. Low and behold four days afterward I hit a person in the parking lot of a store at night. I reported this to my insurance company and now they are giving me hell basically calling me a liar. They haven’t even looked at the damages and have assigned an adjuster from the SIU to review the case. The damage was very minor to the front bumper and a light was busted. The adjuster called about a week ago and recorded the facts on tape. I still have not heard anything even after she admitted they had spoken the the other person involved. The person I hit wants nothing bc his truck was much larger and it did very little damage he also speaks limited english. My question is how should I handle this now? I have provide the company with pictures of the damage and a copy of the title even with the dealers address so they can verify the car didnt have this damage when it was sold to me. I don’t know what I should do, and I am being made to feel like a criminal. Any suggestions would be helpful. I just want them to fix my light and bumper. Thank you
Asked on March 1, 2016 under Accident Law, Texas
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
An insurance policy is a contract: it sets out the legal rights and obigations of both parties. If you believe that under the facts of the situation and the terms of your policy, your insurer should pay but they do not, you could sue your insurer for breach of contract--for not honoring their contractual obligations. You'd need to show the terms of the policy and the facts of the accident and demonstrate to a court that in this situation, the insurer should pay. Likely a good option is to sue in small claims court, acting as your own attorney ("pro se"), which will minimize costs.
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