Financial Channel

I live in Texas and had an accident in the parking lot of a Dairy Queen. The person who hit me was about to exit the parking lot to enter traffic (I was behind him) when he decided to change his mind and back up. He was driving a heavy duty truck and had no damage but my car hood had to be replaced. He is a minor, had insurance under his fathers plan and lives with the mother who works for State Farm. The father never called their agent (didn't know about it because mother and son hid it from him) and I called State Farm, my insurance agent, the very next day. We both had passengers in the car and there was one witness outside who was his friend and who at first did comfirm he hit me but later recanted her statment saying we were both moving. Yes, I was moving out his way to try to prevent him from hitting me. Now niether my agent or his agent are willing to reimburse me my deductible saying they are unable to determine fault. What can I do?[/

What does the insurance policy provide, in terms of resolving this type of dispute?

Normally in a situation like this, claims are assigned to two different adjusters to insure impartiality. As far as fault, the insurance company has no choice but to make a good faith determination of fault. You may want to complain to the president or CEO of the company and/or the state insurance department.

The only witness statements that can be counted are independent witness statements. Family, friends and people within the same vehicle are discounted as a witness. So if the other guy had a van with 12 people that confirmed his story, they would not be considered as unbiased witnesses.

If it is word versus word with no independent witness or confirming police report to back up either party, than unfortunately it may be impossible to determine liability.

Many states allow for a dual claims denial and that must be the case in your state or your insurance company would not have denied you.

You can write a letter of complaint but if there is no evidence to confirm your claim, there is nothing the Dept of Insurance can do for you.

Wish the world wasn't full of so many liars. It is not the insurance company that is scamming you but the lying jerk.