Monday evening I was sitting in my car at the Great Mall. 2 ladies pull into the space next to me on the driver's side. When the passenger flung open her door it slammed into mine and caused damage. She blamed it on the wind catching her door and both she and her insurance company dismissed culpability. Isn't the job of insurance to pay for my damages if another party damages my car regardless of how it happened? If a unicorn flies by and she was negligent and distracted when she opened her door, it still shouldn't matter should it?

I'm minding my own business and someone's action damages my door, shouldn't I be entitled to compensation? Her company is trying to deny liability. It's not my fault or my insurance's fault either so why should I even pay a deductible or dip into the comprehensive coverage I paid for.

What are your thoughts?

 

It is not considered a traffic collision because cars are not in motion nor vandalism because there was no intent to cause damage, so you will have to get an estimate and file a civil lawsuit

 

Whoa. Is that right? Because my company has already offered to payout as long as I pay my $500 deductible (estimate $1200) and since it's not my fault, they say they will get that $500 back to me by pursuing the other company. Why would my company agree to do that if it's truly a civil matter at this point. Could one company be in violation. I guesd only a lawyer can answer but thought I'd get some ideas from everyone here.

 

You have insurance to fight for you in incidents like this, or any at that. Unless it is something the law states is their fault and liability, the other person's insurance will always deny fault and liability or anything else of that manner.

What you should do is have your insurance pursue her insurance to pay for the damages. It is what you pay them to do.

 

Bullsh*t

 

If the other party's insurance company is denying responsibility that's the reasoning behind it, is what i'm saying...you're going to pay $500 deductible and only get it back if your insurance company gets reimbursed....if they don't, then what?!

 

Have you ever dealt with lawyers before? Because that's what your insurance company does for you. The reasoning behind it is as simple as "you aren't our business so f*ck you".

The other insurance will always fight for their client, never you.

 

Should I wait til they're able to get an agreement on the $500 in writing or otherwise Before I agree to it? Or is it policy that I must agree first before they even "try" (knowing that's there's no guarantee the other company will cough it up). What's been your experience or recommendation?

 

For now I'm letting my company do the pushing, but I've already informed both companies I will get legal help if it comes to that.

 

This is just based on my experience to a very similar situation with an ex-girlfriend that made a claim on her insurance for a flying car door...she paid her $250 deductible, the other insurance refused to accept liability based on their clients coverage. She was out $250 and was advised by her insurance to file a civil claim because it wouldn't be cost effective to them...they have that right not to pursue to get your deductible back....AGAIN, this is based on my experience.....

 

I would deal with things completely differently. I would talk to my insurance agent to get a definitive answer rather than asking random people on the interwebs. Your insurance agent is your representative for the insurance company, that same person makes money off of you every month you use this insurance company, so you are his or her responsibility here. If you have to, get on your agent's case a bit - it's the other person's fault so it's your insurance company's job to make sure your car gets repaired without costing you a dime.

 

My sentiments exactly. So far this is day 3 and the other company claims they haven't been able to contact their client. Until then they're still in the "investigation" stage. Fine with me. So far, my agent is doing her part. I will be patient but I just wanted to see what other ways to skin this.

 

apparently he did that and was just asking for advice....

 

That's why a good insurance company is important. Geico and all those other cheap companies are just there so you can legally drive your car. Forget about any real coverage with them.

But having a really good agent is important as well, since they will have more pull within the company to take better care of you as well.

And sometimes you just have to give your own insurance company the little extra motivation to go out there and do their jobs -

Some lady changed lanes right into my car, AAA, her insurance company denied fault. My insurance company didn't do jack even though I've been telling them to go after them. I go to my insurance agent and get on him to get on the case, which he does, but AAA is kinda hard to fight no matter what. They try to charge me deductible which would make my insurance rates go up, and I complained to my agent to which he tells me not to worry about it, he will have it all cleared. And like that, it was done. Simply because it wasn't my fault. This guy has cleared a couple hit and runs for me too, even though the popos wouldn't write a report for me for any of them.

 

It was Allstate...u know, "you're in good hands" lmao!