I was driving through a four way intersection controlled by traffic lights. The light turned yellow and someone pulled out in front of me. I swerved, hitting the rear side of her car. No one received a ticket. I got the police report and it has her as "Failure to Yield" and me "Unknown".
Her insurance company denied my claim to get my car fixed. They said they did not find their driver at fault and that it looked like she'd pretty much made her turn. Well the drawing on the police report I don't believe is accurate.
What can I do? I had the right of way. Can I send a demand letter? Will I win if it goes to court?
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ANSWER for "Insurance Company Denying Auto Accident Claim...":
Heather (Dayton, Ohio):
If the police report indicated the other driver failed to yield, your case has a relatively solid basis. What is confusing is your statement about the police report not being accurate. It either indicates the other driver failed to yield, or not.
You have a couple of options. The first would be to argue with the driver’s insurance company. You’ve already tried that and it didn’t seem to work. The next option would be to consider filing suit against the driver. To do so you would have to create your own petition, file it and have the sheriff or constable effect service upon the driver. That can be a daunting task, especially if you haven't been in that position before.
Your next option would be to consider retaining a personal injury attorney. Doing so may prove difficult because normally personal injury attorneys accept cases where there is property damage AND personal injuries involved.
The other driver’s insurance company is not being fair to you. They know your options are limited and seem to be taking advantage of that limitation.
Call a personal injury attorney and make an appointment. Normally personal injury attorneys don't charge for an initial office consultation. Hopefully the attorney can give you a little more specific guidance.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.