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  #1  
Old 03-28-2005, 05:13 PM
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Join Date: Feb 2005
Posts: 16
chadfisher21 Level 1 (10)
Default Legal Case in Car accident

I was recently in a car accident on Lincoln and 27. We were driving down lincoln and out of nowhere a driver in a large steel truck hit us in the attempt to cut us off on our left. Our car recieved damages to the right side of our bumper and the driver was injured. It was entirely the other driver's fault and his OWN police report incriminates him. All the evidence shows it was his fault. NOw we have filed a claim with the insurance company, the other party has the same insurance company as we do, and they have opened a "file". But the other driver has denied the claim that it was his fault. we refuse to let our insurance pay for the damages. DO we have a case against this other driver?
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Old 03-28-2005, 05:31 PM
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Join Date: Sep 2004
Posts: 1,197
sweetdbt Level 1 (10)
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Of course this may not apply in the DR, but normally when 2 parties with the same insurance company have conflicting claims, there is a process called subrogation. A (supposedly) impartial arbitor looks at the facts, listens to "testimony" and determines who's coverage should pay what. Left to their own devices, an insurer would always want claims to be paid by collision coverage, since you would have to pay the deductible.
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