What should I do if my auto insurance claim is denied based on false assumptions?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Aug 13, 2012

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Insurance Question from Camp Springs, MD

Asked on 08/13/2012

What should I do if my auto insurance claim is denied based on false assumptions? A driver sideswiped me and broke of my mirror. My claim with their company was denied because "The driver of your vehicle failed to 'proeprly' (agent misspelling, not mine) look when changing lanes resulting in a collision with our policy holder. The issue with this is I was not changing lanes, the other driver was. The decision was made before I even had an inspection with them.They never looked at my vehicle or at my accident photos.What are my options in appealing this?

Answer given on August 16, 2012

The extent of the damage to your car, a broken mirror, is probably below your deductible, so your insurance is probably not an option since the damage is probably under your deductible.The other insurance company is denying coverage saying you were the cause of the accident. It is likely the other driver has told their insurance company that you were changing lanes rather than them being the one changing lanes. You should contact the insurance company and ask them to reconsider the claim. Explain that you have photos to indicate support for your claim. If there was a police report and/or witnesses tell the adjuster you have that too. If the adjuster declines to proceed on the claim, ask to speak to a supervisor. Ask them to review the claim and see if they will cooperate. If they again decline then your only option is to try to get reimbursement from the other driver directly.

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