Auto Insurance Claims: Auto Claim denied
QuestionOn January 11,2014 I was in a fender bender where a guy backed into me, He admitted he was at fault and gave me his insurance information luckily, I seen a witness and asked her just in case I needed her. I called his insurance company to filed a Claim through his insurance and about a month later I got a denial letter so I called his insurance back to asked why it was denied and the guy flipped his story around and said he stopped his car and next thing he know I rear-ended him and said I refused to give my insurance, and his wife was in the car and of course she vouched for his lie. However, since we both had a witness they still believe there insurer wasn't liable for the damages. They denied my claim twice since the guy lied so its pretty much he/she said stuff. But If I was in the wrong and I refused to give up my Insurance don't you think you would call the police? So I got tired of dealing with them because I wasn't in the wrong and I was wanting my car fixed. So I went through my collusion insurance and paid my deductible and hopefully they will go after that insurance company? But I want to know is there a chance that they will pay it or is it chopped up as a loss. I haven't been in many accidents but the few I had, I've never had this problem. What should I expect? or Is there anything else I need to do? Thanking you in advance.
AnswerOnce your insurer pays for your damage, they can file arbitration against the insurer who denied your claim.
Your insurer needs to get a recorded statement from the independent witness. If they do this, they will have a strong chance of winning if they file arbitration. If the arbitrator sees a statement from a biased wife/passenger, it will not carry nearly as much weight as would a statement from an independent witness. If they do not get the witness statement, there is very little chance your insurer will win in arbitration.