Q: I was driving my gf vehicle to drop off my daughter at school, along the way I was involved in a vehicle accident,
Called her insurance agent to file a claim report, spoke with the agent, there’s a dash cam video as proof that I was not at fault, the agent reviewed the video and confirmed that I was not at fault and the other parties was at fault. Later received a phone called from the claim department, without asking me any question, and based on the damage the both vehicles sustained, the other party vehicle had more damages, so I was at fault (my vehicle sustained damages to the side, while the other vehicle sustained damages to the front….i call the agent back and he say that the claim department had not seen my video yet, and not sure as to why they would of told me that…but as far as he know I’m not a fault..two days past I get another call to bring my car in for repairs, that they recommended, I’ll have to pay the deductible and they will reimburse me back. didn’t get no calls just a mail notice saying the the decision was made no one at fault, so I won’t be reimbursed, what can I do?
A:
In this situation, there are a few steps you can take:
1. Contact the insurance company and request a detailed explanation of their decision. Ask them to clarify why they initially determined that you were not at fault based on the dash cam footage, but later changed their decision to no-fault.
2. If you believe that the insurance company's decision is incorrect, you can file an appeal. Provide them with any additional evidence you have, including the dash cam footage, police reports, and witness statements, if available.
3. If the appeal is denied or you are unsatisfied with the outcome, you can file a complaint with the California Department of Insurance (CDI). The CDI can investigate the matter and help resolve disputes between policyholders and insurance companies.
4. Consider consulting with an attorney who specializes in auto accidents and insurance claims. They can review your case, advise you on your legal options, and help you navigate the claims process.
5. If the other party's insurance company contacts you, refrain from providing any statements or accepting any settlement offers without consulting your insurance company or an attorney first.
Remember to document all communications with the insurance company and keep copies of any relevant documents, including the police report, repair estimates, and medical bills (if applicable). Being organized and persistent can help you resolve the issue and receive fair compensation for the damages.
A: One option is to ask them to explain their position that no one is at fault, based on the video. You could set up consult with an attorney to review the claim and advise of most cost-effective options, either on your own or with an attorney. Good luck
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