Dealing with a situation where the other driver admits fault but their insurance company denies your claim can be challenging.
Here are the steps you can take to handle the situation effectively :
- Request a detailed explanation : contact the at fault driver’s insurance company and request a written explanation of why your claim was denied. This document should outline their reasoning, which is crucial for determining your next steps.
- Gather evidence : collect all relevant evidence, such as the at fault driver’s admission of responsibility, the police report, witness statements and photos from the accident scene. This evidence will strengthen your position in negotiations or potential legal actions.
- Notify your own insurance company: inform your own insurance company about the situation. If you have coverage for uninsured or underinsured motorists, your insurer may cover your damages and then pursue reimbursement from at fault driver’s insurer.
- Consult a personal injury attorney: an experienced attorney can evaluate the validity of the denial, negotiate with the insurer on your behalf, and advise you on potential legal action. Insurance companies often take claims more seriously when a lawyer is involved.
- File a complaint with the California Department of Insurance : if negotiations fail, you can file an online complaint with the CDI. While the CDI cannot make a final ruling, its involvement may encourage the insurer to reconsider its decision.
- Consider filing a lawsuit: if all other options fail, you may need to sue the other driver or their insurance company for compensation. Your attorney will guide you on the feasibility of this option based on the specifics of your case.
