Auto Insurance Forum

I was in an accident recently at a rotary in Massachusetts, where a van trying to exit the rotary struck my car in the rear quarter panel. The accident was clearly his fault and he admitted that he misjudged the distance. A policeman arrived on the scene and said that because the damage (which was to my car only) looked to be less than $500, he would not issue an accident report. However, when I received an estimate for the repairs, both from my repair shop and from the other driver's adjuster, both estimates exceeded $1,200.

Now the other driver has told a purely fictitious story about how the accident happened, light years from the truth, and it doesn't come close to explaining the damages to my car. Yet the insurance company says it will only pay 50 percent of my repair costs because of this tale.

I'm very upset at the unfairness of this whole thing and simply do not know what to do about it. Now I know I should have asked for a police report, but it's too late. Do you have any advice?

Gary, Massachusetts

There are steps you can take that may help you settle this claim in full.

One option is to appeal the insurer's decision to only pay 50 percent, but you'll need to show that the accident could not have happened as the other driver described. You'd need to show what the rules of the road were in that scenario and that he violated them, placing him entirely at fault. As you note, the lack of a police report is to your disadvantage. If you have any witnesses to this accident, ask them to make a statement regarding what happened. An attorney might be able to help you state your case — but you would have to weigh whether the cost of legal representation outweighs the benefit.

Your other option is to ask the insurer to demonstrate how the other driver's story explains the damages to your car. First, ask the insurer for a copy of your claim file. Then, ask the insurer to demonstrate how the accident could have happened as the other driver says. Say you are considering reporting this situation to the Massachusetts Division of Insurance (DOI), which deals with consumer complaints against insurance companies.

Finally, if you still feel you are being treated unfairly, make the complaint. The DOI can investigate your complaint and determine whether the insurer acted properly.

I would also advise to refuse any settlement offered until everything is resolved. Accepting a settlement check may close your claim, so unless the check is for the full amount of your repairs, accepting it will make it harder to appeal the insurer's decision.

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