What to do if insurer won’t cover all of a claim and is denying access to all relevant documentation?

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What to do if insurer won’t cover all of a claim and is denying access to all relevant documentation?

I was inside a car dealership and was given permission by the dealer to listen to the car. but not It was a stick shift, and as I started it the car moved and I panicked. The result was that it went through the showroom glass. The police did not ticket me because I was not driving and stated that I went from the inside out. Now, 2 years later their insurance company is coming after me to pay them back for fixing the car. My insurance company paid for the window but denied paying for the car. A claim was filed not by me and my insurer has denied me any documentation on this claim?

Asked on January 7, 2011 under Accident Law, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What the insurance company is doing is subrogating the claim, meaning that they paid the dealership to fix the car and then assumed their right to sue you for the damage.  I would seek legal help in all of this.  You are entitled to documentation.  More importantly, you need someone to find out why your insurance company denied the claim and if it was proper and if you are at least entitled to a defense for the suit from your insurance company even if they will not indemnify (pay for the damage) you.  So seek out counsel.  You may have to bring a declaratory judgement action against your own insurer as well.  Good luck. 


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