How can any insurance company deny my claim when its evident by just looking at my vehicle that the other driver is liable?

I am not surprised. It happens much more often than you think. Unfortunately, the defense insurance company has no duty to treat you reasonably and can deny your claim based on their "investigation". Did your insurance company do an investigation and if so, what were the results? Did your insurance company advise you as to the result of any intercompany arbitration between the two insurance companies to determine who had to pay for the property damage expenses? You should contact your adjustor and ask them for an update. If the other insurance company denies your claim, you will have to hire a qualified personal injury attorney in your area to file a lawsuit on your behalf. Good luck.

If the insurance carrier for the other driver has denied your claim you have several options. If this is simply a claim for the damage to your vehicle your best option may be to submit the claim to your insurance carrier to pay for the damage (if you have appropriate coverage). You will have to pay the deductible and your insurance company will likely go after the other carrier and if your insurance company recovers fully from the other carrier they will refund your deductible. If there is an injury claim included it is likley best to retain an attorney to represent you for the injury claim and the attorney would also represent you in the property damage claim. Good luck.

While insurers do not have a duty to pay you top dollar, they do have a duty, under CA Insurance Code, to effectuate prompt and fair settlement when liability is reasonably clear. By extreme example, liability is reasonably clear when you are at an unfamilliar premise and fall down stairs that have unstable, broken concrete with holes [dangerous condition] on the step, causing physical injury. In that case, an insurance company cannot refuse to settle your claim without acting in bad faith. The hitch in your situation is that liability is not reasonably clear. You state that the guy suddenly switched lanes into your car. While that may seem clear to you, it could look like you switched lanes into his car. I am only playing devil's advocate here, as car accidents are rarely as clear as we think they are. True, there are some accidents where liability is evident on its face, based on the facts of the accident, direction of travel and the party's own admission. Since you two were proceeding in the same direction, things get dicey. You need to involve your insurance company. They will pay to repair your property damage, assuming you have more than liability coverage. Your insurer will investigate the cause of this accident and try to negotiate with the other insurer. If you suffered bodily injury, you will need to hire an attorney. We deal with defensive posturing all the time, so please do not try to go it alone. If you are not injured, let your auto insurer handle it. The witness situation happens all the time. Just tell the truth and advise that the other party is likely fabricating witnesses.

If you or your daughter were injured, you may be entitled to past and future medical expenses, lost income and pain and suffering and you should probably consult a personal injury who will contact the witnesses and take their statements. If this is a property damage only claim, you may have to sue the individual in small claims court and bring your favorable witnesses. S. David Rosenthal ROSENTHAL LAW 2251 Douglas Blvd., Ste. 120 Roseville, CA 95661 Phone: (916)774-7200 Fax: (916)774-7203 [email protected] www.rosenthalinjurylaw.com Email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is legally privileged. This electronic message contains information from the law firm of Rosenthal Law. The contents may be privileged and confidential and are intended for the use of the intended addressee(s) only. If you are not an intended addressee, note that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this e-mail in error, please contact me.  Please consider the environment before printing this e-mail