I was parked at a friends house had just arrived taking them home! While still sitting in the car talking, drive hit me from the side, got out, she seemed drunk, called police, she admitted to drinking, it says so on the report. She didn't get arrested because he said she passed a test even though she was drinking. Now I received a letter from her insurance saying I was at fault for failure to maintain a lane!! I wasn't even driving, was parked in front of her house where cars were parked up and down the street in front of the houses. I wasn't even moving, she apologized etc etc, but on the report her story changed. What can I do my truck is totaled.
OPS insurance company Denies, says I’m at fault!
byu/Emergency-Ad9754 inInsurance
Posted by Emergency-Ad9754
5 Comments
File a claim with your carrier if you have collision coverage or sue the driver.
You can file a claim with your insurance company as they will advocate for you.
It sounds like she gave them the facts of the accident from her perspective. I’m sure everything around her was swerving into her lane, including trees and buildings.
You will want to contact your insurance to handle. They will need to do their own investigation and determine fault. If this letter is the only time you have communicated with her insurance then they are missing a lot of information and just going by her drunken version of events. Some companies are quick to close out claims without doing a thorough investigation to wash their hands of it so you will want to push back and get your insurance involved to protect you.
Go through your insurance. Your insurance will then pursue the other parties insurance for reimbursement.
If you do not have collision coverage, ask for a reconsideration from the other parties carrier. Ask how you can be at fault if you were parked. If they won’t accept coverage, you will have to sue the other party.