My girl friend and I went up north to the Black Hills, SD for a camping trip. On the way home, a guy backed out of a parking spot, perpendicular to the road and grazed my car. We had stopped when his car was backing up, and we honked the horn 4 times. He kept backing up, very slowly as if he saw us, and thought he could get by us.

Sophie said I think he hit the car. I noted his lic plate # and followed him. When we pulled him over, he was slightly shaking, had a grey beard, Hawaiian shirt and sandals. I said I think he hit our car back there. He said he didnt think so as he didnt feel anything. His wife did most of the talking to the police officer.Well, I called the police who came out and took pics.

When I got back home to CO, I called his insurance State Farm. They at first said they would pay for the damage to my TSX bumper. Then they called back a few days later and said they spoke to their insured and he said he didnt think he hit us, and therefore they were not going to pay. Then they had an adjuster come out and take messurements and pics.

State Farm calls back and said the scratches and messurements match up, and they would pay. They had me get 2 estimates from their authorized shops and fax them over. Then they call and say go ahead and set up the appointments and get the work done.

2 days later they call and say they talked to their insured again and now we are back to they will not pay. This was based on that my car has 2 long scratches on the front right bumper and down to the black bumper. The Ford Focus he was driving has only light scratches.

State Farm denied my claim based on that my scratches are deeper than his, so they will not pay. The claims person said even though the messurements and angles match up, and both of our stories match up, they are denying the claim based on the amount of damage ot my bumper and his. They even wrote this in the denial letter.

What can I do now? My ins deductable is $500. The work will cost $540. My ins All State said they cant help me until I get the work done, pay the $500 out of pocket and then they will try to get it back.

I have the police report which does not have any comments from either side, nor shows fault, and 3 pics of each car taken by the officer, but printed on regular white paper. You can clearly see the scratches on his car and mine.

Does anyone know how to argue with insurance companies? I am looking at having some police officers here in town give me written statements that say this type of uneven damage can and does happen. Also maybe some body shops too.

 

Them telling you " go ahead and set up the appointments and get the work done. " constitutes a verbal agreement PERIOD! Insurance company's record all phone calls so they know they said it they cant go back on their word.

Tell them you will take them to court they will pay.....

 

I scraped someone in my parking lot (a Civic) and there was only slight scratches and gouges on mine, but deep scratches and even metal deformation on the Civic. I barely bumped into it (left rear quarter to left rear quarter contact). I was kind of amazed. So uneven damage does happen. I have the pics if you'd like to see.

I agree with HI OFECR, if they called you and said "we'll pay, set up the appointments," sounds like an verbal agreement to me. What if you'd gotten the work done that very day...? The rep was either an agent for that company or not an agent, and if so, then a promise or agreement from an agent of that ins. company ought to be binding.

I think you're best off having your insurance company wring it out of them. Give them the time and date and name of the other ins. co adjuster who called and approved your repairs. I would suspect that the other company would cave if you had that information. Of course IANAL, or an insurance adjuster. If you do the repairs, and pay the deductible and it falls through, take the other driver's ins. company to small claims court. It will cost a lot more to meet you in court than to settle. Just my .

Personal gripe: I hate that people are licensed and considered capable to drive, but aren't capable of talking to a traffic officer. BTW, if you honked and indicated you wanted the other driver to stay at the scene of the accident, and they left, that's technically hit and run. Ensure your ins. company knows this. "We didn't think we hit you" doesn't wash; if you honked repeatedly, that ought to be sufficient.

 

Yes, everything points to us as the victims and the other driver as the cause of the accident. I've spoken to 2 police officers here in town and some body shops. They all say this type of damage happens. Yet State Farm refuses to pay.

To me, it is wrong that I have ot pay for the work first, then my insurance company will fight for me. Seems like I' mnot really "in good hands with All State" and the "That's our stance" commericals just piss me off now. lol

 

he should automatically be considered guilty

 

That is sarcasim, I recognise it. heheh

I ment to explain that he seemed like an older hippie who may have been either on medication or was self medicating. His hands were shaking and he didnt do much of the talking, his wife did. He appeared to be confused. He stated he didnt see our car behind him, and didnt hear the car horn, when his wife did. Seems to me he might not be able to drive safely.

 

Did the officer who investigated perform a field sobriety test? And if not, WHY NOT?

Talk to your ins. company's adjuster again, and if s/he says anything other than "we will try recover full repair costs" from State Farm, then talk to a supervisor.

Another tactic, if you want to pursue ... if you have the time and date of the call from State Farm assuring you they'd cover your loss, call them back, and ask for a review of the case file for that phonecon. Ask the adjuster (or a supervisor) to explain to you how someone on one day agrees to fault and to pay for repairs, then reneg at a later date. Sounds very fraudulent to me, frankly.

You could also quietly ask who is the "agent for service" for State Farm: name, address, phone number. Why? Just in case you have to take them to court.