QUESTION
What should be my next course of legal action to appeal insurance claim refusal?
Asked on Jun 18th, 2017 on Personal Injury - California
More details to this question:
Insurance refuses to pay car accident claim. Both parties involved in the accident have policies with the same insurance. The only witness (my father) to the accident was following behind me in a separate vehicle gave a statement to the police saying that the other party ran a red light and caused the accident. The insurance case adjuster informed me by phone that insurance denied my claim for car damages because of the relationship I have with the witness.
1 ANSWER
Contact the insurance adjuster in writing and ask them for a copy of any written statement by the other driver that you were at fault and did the other driver actual say that and what proof do they have. Your father is more credible than the other driver who has a direct economic interest [and criminal] in not telling the truth. Does the physical evidence support your claim? ?You have any skid marks but the other car did not leave any. Have they refused his claim, so that they are arguing both sides at the same time? Have they paid him anything? Telling them they are not acting in good faith to their own insured. If they intent to pay the other driver anything, demand they provide a free attorney for you [you may not really be entitled to one]. You can file a complaint with the State Insurance Commissioner, but the only real remedy you have is to sue them, probably in Small Claims Court [$10,000 limit].
Answered on Sep 05th, 2017 at 4:28 AM