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 . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
You need to consult a local personal injury attorney ASAP to investigate and protect your rights.
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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-client relationship is created with the furnishing of this advice. Attorney licensed in North Carolina only.
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.
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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.
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