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Additional Details
i live in maryland. sorry, i forgot to include that....


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yahooLulu
Car Accident - Hit from behind, other driver at fault. Insurance won't pay.?
Other driver hit my car from behind. Major whiplash. Doctor wrote note not to work for 2 weeks. Took car in for inspection for estimation of damages. Both my insurance and the other driver's insurance refused to pay for any damages. What should I do?
Additional Details
live in Los Angeles. Accident occured in Los Angeles.



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ButwhatdoIno?
Rating
The guy who rear ended you is at fault. You need a lawyer. They will lose.

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Delilah
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Whenever someone is rear-ended, the driver who rearended you is usually always at fault. As to why the other driver's insurance carrier and your insurance carrier refuse to pay the claim, is beyond me. Even if you didn't have collision coverage, the other driver's coverage should cover the accident. Is there an issue of fraud here? You can contact the Insurance Commissioner in your state that oversees and regulates the insurance carriers and explain your situation to them.

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dodge man
i own a repair shop,and have been in a similar situation,,they cant refuse to pay,not both company's ,since the vehicle that it you had to be at fault their insurance has to pay for this,i don't know what the problem is,but the law states that you must be in control of your own vehicle at all times,and clearly they wasn't,because they hit you from behind,its time for you to call a lawyer,and let them take over,its obvious you need out side help on this one,,good luck with it,i hope this help,s.

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Randi
Rating
Since the driver rear ended you, he needs to be charged. If neither insurance company will pay, you need to sue. His insurance campany should actually be the one to be paying for it not yours. His insurance company refusing to pay for the damages is illegal.

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Bob G
Rating
If you have valid insurance and they won't pay contact the California Insurance Commissioner in Sacramento. You should be able to find the contact info on the web

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cesare214
California is notorious for this stuff.....I worked a legal case with similar info..Why won't either insurance pay ? There is something you are not saying ....
Any suspicion of insurance fraud ? Something is not being said here.. A hit from behind is generally the fault of the 2nd car. (the car that does the damage )
add details regarding your insuranc company's refusal to pay , and also the reasons for the other insurance co's denial............

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bostonianinmo
Rating
It sounds as if you only have liability insurance coverage. That's the ONLY reason that your insurance company would or could deny coverage. You may need to get an attorney to sue the other driver (NOT the other driver's insurance company!)

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SantaBud
Rating
Agree w others w need more info to respond w any real accuracy.

As stated if you carry just liability you have no coverage w your ins.

And despite what most people believe & many have stated here. Being struck from behind is not a guarantee of the other driver being at fault.

They are legally at fault in probably 90% of rear end collisions, but there are a few exceptions, depending on what the proximate cause of the accident was.

Knowing the specific reasons for denial of claim would help, & brief details of how the accident occured also matter.

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undercovernudist
hire an attorney it is the other driver's fault

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MRod
Rating
If you have a current insurance plan they have to pay for damages until you sue the other insurance. They should cover your repairs so you can be back on the road. You need to get a lawyer and sue the other insurance company. Once you have a lawyer, they are more likely to pay up. Most lawyers don't take payment unless they win the case. If the other driver is at fault, you should win the case. But I still don't know why your insurance co won't take care of things in the mean time. I had a car accident and my insurance was 21st century ins.(I also had full coverage, not just liability) They fixed my car and gave me a rental. When I sued the other company my insurance company was then reimbursed by the settlement and my insurance rates remained the same. You are paying the premium and they legally have to get you back on the road regardless if you win or lose the case. If you win, then they get reimbursed, if you lose then they might raise your rates.

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Honey Pot
Rating
It sounds as though you have liability only since your insurance company will not help you out. Unfortunately, alot of states are going to the "no fault" states. Meaning the state where you live may not hold anyone at fault. The reasoning for this is because everyone is suppose to have insurance and it keeps law suites down. Good luck and Feel better!

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Clevis D
They aren't paying because YOU are full of crap. Why don't you go ahead and tell the WHOLE story? Maybe because your car was damaged prior to this accident? Maybe because you made the whole thing up?

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bundysmom
Rating
California DOI requires all denials be sent in writing. What's the basis for denial? Depending on the reason for the denial may help answer your question.

If the other carrier denied because the policy wasn't valid, that's it. You can claim UM benefits under your own policy, assuming you have insurance.

If the other carrier denied because the other driver claims you backed into them...well, if you have witnesses take them to court. Otherwise, it's word vs. word & you'll have to prove your case.

Oh, and if there's a police report...that's not proof. They're not evidence of fault, it's a 3rd party of account (someone who didn't witness it) of what happened and they're not admissible in a court of law.

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la428282
Ok, theres clearly something very fishy going on here if both your carrier and their carrier refuse to pay. And were not psychic so we cant have any idea why.

Why dont you give us the reason they both refuse to pay and then we can help you out?

Is there a coverage issue? Perhaps you dont have collision coverage and the other drivers insurance was effective at the time of loss?

Are they investigation whether fraud is going on?

Please elaborate and you can receive correct answers (as i can guarantee so far its just a bunch of people who have no idea what they are talking about saying "get a lawyer!!!)

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Gary D
Your only remaining option is to sue the other driver in court. If you were rear-ended it should be an easy open & shut case with you coming out the winner.

Keep track of every cost you have to incur, including lost wages, travel to and from doctors, doctor bills, rental car, etc.

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wiseguy
I don't know how the other guy's insurance can get away with not paying when he's the one that rear ended you. I'd get a lawyer that deals with car accidents. He can tell you what to do.

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