A few weeks ago I had an automobile accident and thank to God nobody got hurt.
The other guy and myself have insurance, after I received the police report by mail in which it stated that the other guy was responsible for the accident, I sent it to the insurance company that this guy have.
I receive a letter from the Insurance Company in which the repair has been denied due to insufficient proof of facts of liability.
Please Advice on this matter.
Contact your insurance. Handling these types of situations is what you pay them the big bucks for.
Anyway, you cannot sue his insurance. They aren’t the ones that hit your car and they have no contractual obligation to you. You can however sue the other driver, in which case his insurace would pay any settlement or judgment that resulted from the lawsuit.
Fist of all, police do not make a determination of responsibility. Insurance companies do that based on police reports, drivers statements and witness reports. Simply turn this in to your insurance company like you should have in the very beginning and let them communicate with the other company and then do any claiming that needs to be done. They will handle the entire matter……Why even bother to buy insurance and then not use it?
First of all, insurance companies can deny 3rd party (you) claims for any reason at all. However, your own insurance company has an obligation to you (1st party) to handle your claim “fairly”. If you do not have collision coverage with your own carrier, they have no obligation to be involved in the claim since you do not have a claim with them. Your own insurer only handles claims in which you have coverage for.
Now, it is in the best interest of any insurance carrier to pay claims fairly. Failure to do so results in higher pay outs down the road, in which they end up paying the claim, plus having to pay defense attorneys to defend the claim once suit has been filed.
My concern here is that you state that the “repair” has been denied. If you have already repaired your vehicle and did not allow the insurance company to inspect the vehicle, then it may more difficult to prove your damages, since they are already repaired. If the issue is liability, a police report is not the “absolute” in determination. There are many variables such as witnesses, where damage occured on each vehicle (including yours, before repairs), etc. A police report only indicates a person wearing a badge has made an assumption of the accident after it has occurred.
I would simply make a phone call to the at fault carrier and see what they need to help determine liability. Cooperate the best you can, and most importantly treat the adjuster kindly, as it goes a long way in getting what you want. When the adjuster is pondering a decision to make on your claim and it may go either way, the adjuster will never lean toward someone who has been demanding, yelling, threatening an attorney (they dont care), or calling 5 times a day.