Dealing with Insurance Companies That Refuse to Recognize Claims for a Non-fault Accident
You have to fend for yourself. That statement sounds like the ultimate struggle for survival. In some states, such is the case when it comes to insurance claims. These states area called non-fault states. Your own car insurance company will pay for the damages you have suffered. In the same way, the other party’s insurance will pay for the damages on his or her car. This means that there is no need for you to sue the other guy after the collision; the other guy cannot sue you for property damages as well. You will be both compensated according to the terms of your own policies. The accident is called a non-fault accident. A non-fault accident can also be seen as an incident wherein neither of the two parties can be blamed. Because neither are to blamed, car insurance companies involved can only pay for the damages on their insured client’s property. If your insurance company cannot even recognize your claim when you are living in a non-fault state, you are left at a loss.
Here’s what you can do:
Review the coverage of your insurance policy.
You cannot just accept your insurance company’s refusal. Read your insurance policy coverage. This way, you will find out whether you can claim for a non-fault accident or not. If you are in a non-fault state, the absence of coverage for a non-fault accident may not even make sense. Make sure that you know your coverage point for point. Another reason for reading your coverage carefully is the fact that you cannot find a state that has gone totally no-fault, so your policy may still be different.
Get written reports and secure documents of your claims and correspondence from the company.
If your car insurance company is continuously rejecting your claims, file all of your correspondence together. So if you want to go to court, you can show how the insurance company had been responding to your claims. Make sure that the responses clearly answers your questions and complaints.
Ask for a settlement with your insurance agent.
Consult your insurance agent about your situation. Show him or her the part where your policy states that you deserve a claim. Present your arguments vocally and show your documentation of the incident itself and the ensuing coresspondence with the insurance company. Settle with the agent if possible. Tell him or her that you are planning to go to court if you do not get to claim. If you can avoid a lawsuit, however, that would be much better.
Consult a lawyer for legal action and claims.
Even when still attempting a settlement with the insurance company, you should have already presented your case to a lawyer. This way, you can make the right moves. Your lawyer can also clarify any other questions you have about insurance law. Also, you need someone to represent you in court if it gets to that.
Regardless of who is at fault, both parties can only claim from their own car insurance companies. If your car insurance company cannot even protect you from a non-fault accident, you should not only question it but fight for your right to claim.
Photo Credit : seanmcgrath
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