Caught in the Rear-End Dilemma: Small Insurance, Silent Driver, and Insufficient Evidence – Seeking Justice and Appeal Options

Story: I was rear-ended while driving a month ago. We were both in a lane that merged into another and he didn’t slow down due to the traffic that the merge caused. His insurance is a smaller company, and we sent them pictures and gave statements to what happened. He is not answering their phone calls and so they waited 30 days before basing their decision on just our evidence. They now say that without the other drivers evidence, our evidence is not sufficient to determine they were at fault. Not sure how we can appeal this.

Navigating an insurance claim can be challenging, especially when dealing with a smaller insurance company. Here’s some advice on how to handle your situation:

1. Gather additional evidence: Try to gather any additional evidence that can support your case. This may include obtaining witness statements, obtaining surveillance footage if available, or any other relevant documentation that can demonstrate the other driver’s fault.
2. Communicate in writing: Instead of relying solely on phone calls, communicate with the insurance company in writing. Send a formal letter or email explaining your concerns, providing a detailed account of the accident, and attaching any additional evidence you have gathered. This creates a documented trail of your attempts to resolve the issue.
3. Consult with an attorney: Consider seeking legal advice from an attorney who specializes in personal injury or car accident cases. They can assess the strength of your claim, provide guidance on the best course of action, and potentially negotiate with the insurance company on your behalf.
4. File a complaint: If the insurance company continues to be unresponsive or you feel they are acting in bad faith, you can file a complaint with your state’s insurance regulatory agency. They can investigate the matter and help ensure fair treatment.
5. Review your own insurance policy: Check your own insurance policy to determine if you have any coverage that can help with the repairs or medical expenses resulting from the accident. This can provide an alternative avenue for compensation if the other driver’s insurance is uncooperative.

Remember, the specific steps you should take may vary based on your location and the laws governing insurance claims in your area. Consulting with an attorney familiar with local regulations will provide you with the most accurate and relevant advice for your situation.