Q: Car crash, other driver was at fault and cited by police. His insurance is refusing to pay - what now?
We were t-boned at a 4-way stop in PA. We came to a stop, then proceeded. Other driver ran the stop sign and hit the passenger side of our car, which has been totaled. We don't have collision on it (older vehicle). No injuries on either side.
Police responded (station in walking distance of intersection) and cited him, stating clearly that he is at fault, as vehicles were not moved prior to their arrival.
He has now lied to his insurance company and told them he stopped fully and we were at fault. They are refusing to pay, saying the police had no way of knowing who was at fault.
What are our options? We can't afford an expensive lawyer to fight for us. Can they really do that?
A:
They can really do that.
Your only option is to sue. You can go to a magistrate and handle it yourself, without a lawyer. The problem is that the insurance company will almost assuredly appeal to "real" court, i.e., the Court of Common Pleas for the county in which the defendant lives or the accident happened, if you win. If that occurs, you will need a lawyer, and the result of the magistrate's hearing is wiped away. I usually advise my clients to skip the first step and go right to Common Pleas.
In other words, there is no easy solution, and that is the risk you take when you decide not to purchase collision coverage.
1 user found this answer helpful
A:
We and other members of the Pa. Assn for Justice work on a contingent basis--that is we only get paid if and when we get money for you. If we dont' get you money you owe us nothing, and we give free consultations, also in the evenings for those who have to work following a wreck..
Generally, you want to have them state in writing why they are refusing to adjust the claim, then file a complaint with the consumer department of the Insurance Commissioner's office in Harrisburg. To avoid a gigantic storage bill you want to work out resolving that. At the same time you want to send the people on the other side written notice that you've offered to have them look at the vehicle and they declined and therefore you will dispose of it to avoid further charges. Photograph it from all angles.
Up to a point the insurance company has to believe their insured. A citation isn't final unless the person pleads guilty or is found guilty, even then many companies will try to weasel out claiming you are 20% or more at fault.
1 user found this answer helpful
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