We were driving in the school parking lot, the parking lot was empty towards the back where we entered. The school had very faint painted arrows not visible. A 17 year old student started reversing without looking back to see if there were cars traveling behind her. We stopped our vehicle and used our horn frantically but she kept reversing. Her windows were up and we suspect she was listening to music because she did not hear us. Our students heard us from the school which was much further down. She sheered off our front grill as she reversed. The light and the hood was also damaged because of the speed she was reversing. After the incidence the school painted clear arrows. We claimed for front end damage and the girl's parents claimed for very minor damage on her truck. Their insurance denied our claim and their insurance stated that they are acting on what their client says and have to represent her.
Your insurance company should be representing you in the same way hers is representing her. Talk to your insurance agent or claims person for advice.
Anyone viewing this web site should not act on any information contained on this site without seeking professional counsel from an attorney. Use of this web site and/or transmission of information to the firm is not intended to create, and should not be construed as creating, an attorney-client relationship with the firm or any of its attorneys. If you choose to communicate with the firm or any of its attorneys or other personnel through this web site, do not transmit any confidential or sensitive information by e-mail until you have spoken to an attorney from our firm either by telephone or in person. This web site may be considered advertising under applicable laws and ethical rules. The Law Offices of Brent D. Harris, PLLC do not seek to represent anyone in any state where lawyers in the firm are not admitted to practice, or in any state where this web site fails to comply with all laws and ethical rules of that state.
You cannot "appeal" the other insurance company's decision to deny the claim. However, it is your insurance company's job to advocate on your behalf. Too frequently, insurance companies will not pursue your best interests without the insured being pushy. Follow-up with your insurance company and get the direct phone number for the agent handling the claim. Call them and express your concerns as you have above and follow-up with them frequently to check on any progress.
The insurance company's duty is to make an objective investigation, and very often they use their insured as a scapegoat for not doing so. However, you do not have "appeal" rights per se. You have an absolute right to sue the other driver and if you are successful, you will recover against her insurance. That entire process may not be necessary, however. I assume you have insurance. You should make your claim against your carrier. You will undoubtedly have to pay a deductible. You insurance may seek to subrogate against the girl's insurance company and typically they will attempt to get your deductible back for you.
This answer is not fact specific and would require further investigation. A lawyer/client relationship has not been created by giving this very general answer, and Grynkewich Law Offices assumes no responsibility for its contents 1) based on the lack of specific information in the question and 2) based on the lack of a formal written retention agreement.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline