State: California
My Insurance: Progressive, Comp, No collision (i know … please no snarky remarks)
Their Insurance: AAA
I was driving on the far right lane and approaching an intersection. This was a three lane road (including a left turn lane).
Driver in the middle lane tries to make a lane change as we enter the intersection and hits me. We exchange information and she apologies. I was so shaken I didn't take pictures or call the cops or anything.
I filed a claim and so does she. She tells my insurance company she made an improper lane change. My adjuster feels good about the claim and tells me it should be sorted with her insurance within a week.
Next day, she calls my claim adjuster and says that it was actually my fault because she saw me on my phone but also didn't see me because I had my headlights off (neither are true and obviously a lie given how contradictory those claims are). She then claims that I should have seen her and had time to swerve out of her way. Uploading the damages for reference because given the impact on both our vehicles and that I was boxed in, there's no way for me to avoid the collision since it happened to the middle to rear section. It's likely that she just didn't check her blind spot.
Basically, what are my options? File a CDI claim. Sue her in small claims. Currently waiting on my insurance company to send over the claims report or recording.
Appeal after Third Party Claims Denial
byu/Jaded_Inside4553 inInsurance
Posted by Jaded_Inside4553
6 Comments
It’s unclear here, have you talked to AAA?
If you don’t have collision, there’s nothing your insurance company can do for you – and you’re SOL if the other driver’s insurance denies the claim due to her statement. You would have to sue her in small claims court. Good luck with that. Next time (not being snarky), protect yourself adequately and have full coverage. The brain damage you’ll save is worth it.
If you do not carry collision, you may end up having to sue the driver directly if AAA holds the line. CDI is worth a shot if you think AAA handled it badly, but the stronger practical move is building whatever evidence you can and using small claims if needed. Not taking any pictures or calling the cops was a huge mistake, to put it bluntly. Good luck.
If her insurance denies your claim your only option is to sue her and hope to win. But the onus is on you to provide proof that’s it’s more reasonable than not, that she is at fault. With no independent evidence that might be an uphill battle for you.
They gave their insurance company a different version of events that put liability on you. Their insurance company’s responsibility is to protect their policyholder, not you. If you disagree with their liability decision, present evidence (witness or video) that contradicts their statement. Otherwise, you’re just out of luck.
Sounds like a he said she said. Were there any witnesses or cameras? Any debris left on the road to determine the point of impact?