If you were injured and have a personal injury attorney representing you, ask them to assist you with the property damage portion of the case. Most firms will help you out if you ask them. It's always difficult to deal directly with insurance companies if you are not represented by an attorney. You can always take them to small claims court if necessary.
The Department of Insurance is more concerned when your own insurance company treats you wrong. The other driver's insurance is acting very aggressively on its insured's behalf. They can be a real pain for sure. If no injuries, and the damage is around $3,000, I would sue their insured in small claims court.
Ive seen this many times. Hire an attorney and they'll change their stance!
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At this point, hiring a motor vehicle accident attorney is your best option. It sounds as if the opposing party is playing the "he said/she said" game and without proper evidence, there is no way to prove anything. I have over 20 years of experience handling car accident cases here in California and the simple fact of the matter is that in most cases, rear-end accidents are the fault of the car running into the front car. Many attorneys offer free consultations to review cases and inform accident victims of their legal standing. Best of luck.
Infinity Insurance has become notorious for this type of behavior. My suggestion, if you were injuries, hire a personal injury attorney and let them deal with Infinity. Below is a link to a free book you may find useful in dealing with insurance companies.
None of the information found in my answer should be used as legal advice, a substitute for an attorneys evaluation or other type of advice. I do not know all the facts of your case and there are many factors involved when evaluating accident cases. You should meet with an attorney who can properly go over all the details of your accident.
Insurance companies will try to get away with anything they can. What can you do? Sue them in small claims.
Claims adjustors think they understand the law and liability but they're not attorneys. I once had a case where they attempted to assign liability to my client for a rear end accident where an object fell off a car, my client stopped to avoid hitting the object and the person behind him wasn't paying attention and rear ended my client.
Insurance company said my client should have run over the property. I almost died laughter and bluntly told her to get an actually ATTORNEY on the phone because if they were going with this "theory of liability" that this was about to get really expensive for them. You see, my client had a duty to avoid hitting that property if it was avoidable... obviously it was avoidable.
Insurance companies are evil and you're getting pounded because you don't have an attorney.
In the end, my client wasn't held liability.
Like everyone here has said, you need an attorney. The insurance adjuster is doing his job. Aggressively fighting for his employer for every penny. You need someone who knows how the system works to do that for you as well.
Insurance companies aren't the richest companies in America with their names plastered on all the major skyscrapers because they give out lots of money. Get a local personal injury lawyer to resolve everything.
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