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What can I do to appeal or contest an insurance investigation on my car that was vandalized insurance refuses to pay for repairs

Asked over 3 years ago - Castroville, CA

I got Insurance a day before my car was vandalized and struck by another car ( I was not in it). Obviuosly the insurance was going to investigate because of the time. I understand that part, but sometimes things happen that you cannot control. It has been a month my car is at the shop, i have the check but have not cashed them. A SIU investigated the case and I was honest with what happened. They contacted a cousin of mine who gave them wrong information about the date of occurence since it happened on his street. He said the incident happened on a saturday, on sunday I filed for my insurance, and on monday the icident happened at his house. There was a party at his house on saturday that i did not attend to, but he said i did, he was drunk at the party so his senses werent there. I want to withdraw my claim and give them the check back. They dont believe me, and I am about to graduate from college so i dont have time for this nonsense. What happens with my record, and rates?

Additional information
It was a hit and run but I do not know who did this. My cousins brother, told me that he would talk to the investigator and tell him that his brother was actually drunk at the party, and was asking for me, but that i was not at the party. I know it might be to late but will his testimony help out my case, I dont care for the money I just dont want to have this follow me for the next couple of months, tottally dissapointed at my insurance and cousin.

Thank you for your help

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Attorney answers (1)

J Craig Williams

Reputation Level 9

Answered over 3 years ago. Lawsuit / Dispute Attorney in Irvine, CA.

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Based on the facts you outlined, your safest route is to return the checks uncashed, but with a letter contesting your cousin's version of the facts, and perhaps with a sworn statement from your cousin attesting to the facts as they really happened. In addition, if you filed a police report, as you are required to do by law, that report would have the correct date on it. The other driver, as well, would be able to verify the date of the claim (unless it was a hit and run, which is not clear from your question).

Most insurance companies belong to a consortium that tracks claims, so your claim will remain as part of a "permanent record" available to other insurance companies in the future. You can expect that your premium will go up as a result of the claim, but with an appropriate explanation, you may be able to avoid the increase. You won't, however, be able to erase the fact that you made a claim and that your insurance company investigated it as fraudulent, and you returned the claim payment.

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