What can I do about it I have waiver of deductible coverage?
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Asked June 17, 2013
Full question: My car was legally parked in front of my house. I was sideswiped by an RV. My insurance paid the claim, I paid the ded. The responsible party would not own up to causing the accident. My company says they have to prove he did it and can't he won't talk to me or my company. What can I do about it I have waiver of deductible coverage.
Was there a police report filed when the accident happened? With a police report, you would be able to give reasonable evidence of the incident, including an officer's statement of who was at fault in the accident. Beyond that, the burden of proof should fall to the insurance company of the person who hit you. Your own insurance company should be negotiating with theirs, or contacting the at fault driver directly if they did not have sufficient insurance.
The key is going to be the police report. It will show that your car was legally parked and contain the license plate of the RV which hit you. Without that, you have no way of proving who was at fault, and the other driver's word is as good as yours at face value. If you did not get a police report, it may be easier for you to simply pay for the repairs out of pocket and consider this a lesson learned.
If you had waiver of deductible coverage, you should have been reimbursed, or not required to pay the deductible amount at all. In most cases, you could contact the insurance company and give them your policy number to verify the waiver of deductible coverage, and then receive a check in the mail. But with your case under investigation, you may not be able to recover the deductible amount until the at fault driver and responsible insurance company are sorted out.
If you produce the police report and are still unable to get the situation straightened out, you may have little choice but to take the matter to civil court. If your insurance company is denying responsibility and you are not able to contact the other driver's insurance company, your only recourse may be to file a suit and allow the legal system to work out who should pay for the damages.
Answered June 17, 2013 by Anonymous