My sisters can was hit, not at fault. Insurance company refuses to pay.

Asked over 1 year ago - Wake Forest, NC

So my sister wasn't at fault, the officer even said she clearly wasn't. The person who hit her admitted she just didn't see my sister.

Now she changed her story, her insurance company says they will not pay for damages done to my sisters car due to the other lady changing her story and now conflicting with my sisters. Even though the police report says the other lady was at fault.

My sister doesn't have collision coverage so she cant use her insurance, can the other girls insurance really refuse to pay even though the police report says its her fault, is the only option small claims court?

My sister is pregnant and scared that the stress will cause her to go into early labor.

Attorney answers (6)

  1. Michael Scott Rothrock

    Contributor Level 15

    2

    Lawyers agree

    Answered . Yes, the insurance companies can refuse to pay even though the police report puts the fault on their insured and often do. Many times they just go off of their own insured's story, at least initially. Unfortunately, if the insurance company has denied the claim and your sister did not carry collision coverage on her own vehicle, her only option beside paying for the repairs herself and letting it go is to sue the other driver. Depending on the amount of damage, this can be done in small claims court. However, even if done in small claims court you may still want to seek the advice of an experienced attorney as once suit is filed against the other driver and they are served, the insurance company will hire them an experienced attorney to defend the claim.

    This information is provided for general purposes only and should not be construed as legal advice. No attorney-... more
  2. Michael R Crosner

    Contributor Level 20

    3

    Lawyers agree

    Answered . Insurance companies do this all the time - they try to justify their refusal to pay claims by saying that they have to believe & fight for their own insured (sometimes this is true, but often it isn't) Sorry to say that your options are small claims court or retaining a local attorney. If in fact there was an injury to your sister then consult a local personal injury attorney - many offer free initial consultations.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  3. George Costas Andriotis

    Contributor Level 20

    3

    Lawyers agree

    Answered . You need to consult a local personal injury attorney ASAP to investigate and protect your rights.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  4. Heather A Lottmann

    Contributor Level 15

    2

    Lawyers agree

    Answered . This is one of the many games that insurance companies play. They will try to use whatever they can to minimize and destroy a claim, whether it is using a pre-existing injury from 10 years ago against you, claiming he said she said, and arguing that you did not go to the ER until a day or 2 later. That does not mean the insurance company is right. Was your sister injured? If so, she should contact a personal injury attorney to assist with her claim. Generally, if an attorney takes your PI case, we will assist with the property damage as well.

    If she was not injured and the insurance company continues to deny liability, you may want to consider small claims court.

    The information you obtain at this site is not, nor is it intended to be, legal advice. The information provided... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Retain a local attorney to investigate pursuing a claim.

  6. Lars A. Lundeen

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Carriers deny claims all the time. It is one of the things that keeps many attorneys in business. Your sister should file suit in the appropriate court against the adverse driver. It will cost the carrier money to defend and they are probably more likely to resolve the claim with your sister.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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