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My wife went to the store last week, parked, opened her driver's door and was about to step out, when another lady pulled in beside her and hit my wife's opened door with the passenger side of her car. Estimate for repairs to our car is @ $1300. My wife called me from the scene and I told her to have the police come to the scene and file a report. They did, and now the battle with the other lady's insurance has begun. I do not want to file through my insurance because I have to pay a $500 deductible up front, and there is a possibility of not getting the deductible refunded. I have contacted the other lady's insurance several times and explained everything, explained that I plan to file a claim through them for repairs to my car. They have taken my report and have said "we need to get another statement from our client in order to assess liability". Well, I got a call from MY insurance carrier yesterday; he just received a claim from HER insurance company claiming that my wife was at fault for opening her door into the other lady and that my insurance should pay for repairs to both vehicles. They cite the fact that the damage is to the other lady's side of her car rather than the fron as evidence that my wife is at fault. I am livid. This lady is just lucky she didn't hurt my wife....

Anyway, I got a copy of the police report. (there were no witnesses at the scene). The police report reads as follows:

"The owner of Unit #2 was parked and had opened her door to get out when the driver of Unit #1 pulled in next to Unit #2 and struck the door of Unit #2. Driver of Unit #1 could not stop in time to avoid the accident."

Then, down below in the area describing other factors that contributed to the accident, he cited "driver inattention" as a contribuiting factor (for driver #1, the other lady).

So the cop screwed us in a way by writing "she could not stop in time", but helped by stating "driver inattention". He did not issue a citation to either party. SHE COULD NOT STOP IN TIME BECAUSE SHE WAS NOT PAYING ATTENTION!!!!!!!!

Anyway, I am sure the other insurance company will at least deny my claim to them if not proceed further with a claim against my insurance company. When they refuse to pay for my repairs, do I have any further legal recourse against them? I don't plan to roll over and say OK, you win.........

 
Rep Power: 0

no man do not roll over thats the stupid mans way out, you will be sorry if you do also cuz your premiums will go up even though its a non moving violation. Your filing a claim. You will probably end up going to court, I can guarantee it.