Lawrence, KS asked in Car Accidents for Kansas

Q: If an individual admits he backed into your vehicle, can his insurance company decide not to fix your car?

On Thanksgiving day, in the pouring rain, an individual put his truck in reverse and backed into my husband as he was leaving the JC Penny parking lot. When he realized what had happened, he admitted he backed into him because he did not see the vehicle, (saying it was small), provided my husband with his insurance information. When my husband called me, while at the scene, and told me what happened, I told him to call the police; (following the information on my insurance card). The police say no report would be filed because it did not occur on a city street, etc. To make a long story short, anyways, I called the individual's claim office and filed the claim. After about a month of not hearing from them, I called again. On yesterday, I called and the claims person told me that because there was no police report, and no withness, he decided that his client would only pay 70% and we had to pay 30% to get my vehicle fixed. I refused that offer. Do they have the right to make that call?

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1 Lawyer Answer
Adam Studnicki
Adam Studnicki
Answered
  • Personal Injury Lawyer
  • Phoenix, AZ

A: Insurance companies don't treat unrepresented persons seriously. Talk to a lawyer.

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