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Can an insurance co. deny a claim based on witness "felt" I was excessively speeding?


Their client pulled out infront of me, failing to yield right of way, causing accident. Speed limit 45mph and 50 ft until i had to stop at a red light, then turn.

This happened 12/18/2005, police report shows other car primary cause. It has taken them until now to even bring up the issue of liability. I have a spotless driving record and want to keep it that way!

They can deny anything they want. They hope you drop it.

Be a pain in their side to make it not worth doing this type of crap. Get a lawyer if you have to.

If the dude is not insured, which is basically what will happen if his insurance wont pay, then you go after him. He will then go after his insurance. You might mention this to him casually as it is not in his best interest not to have them pay.

Make sure it was reported to the police, if it hasn't been then do it right now. You will need this for taking them to court.

Welcome to the world of insurance companies! Insurance companies can claim anything they want to claim if you don't have any kind of proof to back you up. ALWAYS call the police, no matter how small the accident. Otherwise, you're faced with a "swearing match" - each of you claiming that it was the other's fault. Would it help if you photographed the vehicles/scene of the accident to show where the damage is on your vehicle and to demonstrate skid marks or debris on the roadway? How about securing a copy of the other driver's driving record to see if that person has a propensity for careless or reckless driving? The driving record will show previous tickets issued and any prior accidents that were investigated. Likewise, do you have a clean driving record yourself? Sometimes, it's easiest to simply let your own insurance carrier cover the damage to your vehicle and then let them duke it out with the other driver's insurance carrier. Be insistent. Good luck!

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