Insurance liability: Can an insurance company ignore the witness?
This is a discussion on Insurance liability: Can an insurance company ignore the witness? within the Car Accident Claims forum, part of the Injury & Worker's Compensation category; I was passing by a parked car when the driver of the that car opened his door and struck mine ...
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#1 |
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I was passing by a parked car when the driver of the that car opened his door and struck mine on the passenger side. The damage is a broken mirror, a front door dent in the handle area and scratched paint on the back door. The damage on his car is on the rim of the passenger door. There was a disinterested witness to the event and he gave his statement to both insurance companies confirming that the other driver opened his door. The other driver is saying that I hit him and is claiming damages on his car that start from the rear driver side tire. According to my insurance I'm 0% liable for the accident but his insurance won't accept liability. They say it's version vs. version. Can they ignore the witness, refuse to examine my car and advise me to take the driver to a small claims court? Please, help!
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#2 |
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Join Date: Dec 2009
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I wish to inform you that you may claim amount of damage and loss suffered by you but in this regard the other insurance company has to look at the details of their liability under insurance and facts of the case. If after this, the insurance company refuses to honour their liability then you may file a lawsuit. Generally, you may not compel an insurance company to listen to your witness. Instead, if the insurance company refuses you may take them to court and can present your witness and other evidence to the court. Court is bound to deliver judgement on the basis of evidence available before it. Hence, if the insurance company does not honor your claim then you can file a lawsuit in court to claim your amount.
AFF Last edited by AFFA; Jun 20th, 2010 at 09:47 AM. |
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