What to do if the insurance adjuster won’t pay claim for a commercial driver who ran into my son’s rear left tire?

UPDATED: Oct 1, 2022

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What to do if the insurance adjuster won’t pay claim for a commercial driver who ran into my son’s rear left tire?

It was a rainy night and my son was driving on the right lane on the highway preparing to exit. A FedEx truck veered into his lane and struck the back left tire. My son’s car was T-boned. Back left side of car crushed. He was not hurt. FedEx truck was not noticeably damaged. A tow truck took my son’s car. The FedEx truck continued on its journey. The driver and my son exchanged insurance and contact information. The driver mentioned dash cam footage of the event and said his supervisor had witnessed it as well. The adjuster for the FedEx company says there is no footage and the driver is not at fault. Not sure if he even went to examine the damaged car or even attempted to look at the FedEx dash cam or look at the FedEx truck. It has been 30 days since the accident and it is costing us to keep the car at the shop. My son needs his car. What do I do to get the adjuster to pay?

Asked on April 24, 2019 under Accident Law, New York


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your recourse is to sue FedEx for negligence. Damages (monetary compensation) would be the property damage (cost of repairs) to the vehicle. If your son is a minor, you will have to file the lawsuit on his behalf and be appointed guardian ad litem because a minor cannot file a lawsuit.
Depending on the amount of damages, you may be able to file the lawsuit in small claims court.
Another tactic is to call your state's insurance commissioner and file a complaint against GEICO and the adjuster.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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