NY: Claim denied without waiting for police report… what now?

Accident
1

Hey everyone,

A few weeks back, I was driving in the middle lane on a bridge. Traffic was moderate, and we were all going about 30 mph. Out of nowhere, a car in the left lane swerves into me, hitting my driver’s side door.

We pull over, and I call the police. While waiting, the other driver admits he hit me to avoid rear-ending the car in front of him. He even tells the cop the same story. The police report gets filed, and I open a claim with his insurance.

Now here’s where it gets frustrating: His insurance (State Farm) tells me they can’t reach the driver and move it to a specialist. The specialist says they’ll get the police report and make a decision by 9/29.

Today, I get a call from State Farm, but I’m busy working. The rep tells me they’ve denied the claim—before even receiving the police report! When I asked why, he said there wasn’t enough evidence.

So, I go and order the police report myself. It clearly says, “V1 side-swiped V2 to avoid a rear-end collision.” I uploaded it to State Farm and asked them to reopen the claim. The new rep was unsure why it was denied before seeing the report.

My question is: How likely is it that they’ll accept fault once the claim is reopened? Is there a timeline for these kinds of things? How could they deny the claim before even seeing the police report THEY ordered?

Thanks for any advice. I really don’t want to go through my insurance since I did nothing wrong and the damage is pretty significant.

2

The police report doesn’t determine fault. Insurance adjusters often decide liability without waiting for it.

If you have collision coverage, you might want to file with your own insurance.

3

Robin said:
The police report doesn’t determine fault. Insurance adjusters often decide liability without waiting for it.

If you have collision coverage, you might want to file with your own insurance.

It’s frustrating because the other driver literally admitted to hitting my car to avoid someone else! He told me and the cop.

If I go through my insurance, won’t my rates go up? Even if it’s not my fault?

4

@Teagan
Yup, that happens. People often say the other driver apologized, but insurance companies don’t always take that into account. Without a witness or video footage, it’s often just your word against theirs.

Best to get a dashcam. Some states prevent insurance companies from raising rates for not-at-fault accidents, but rates are going up everywhere regardless, so you may see an increase anyway.

5

@Robin
Got it, thanks for explaining. I guess I’ll wait for them to review the police report.

If they deny it again, I guess I can either take it to small claims or go through my insurance and pay the deductible. Is that right?

6

@Teagan
Yeah, you would go through your insurance. Small claims isn’t really worth it. Even if you win, they don’t always have to pay.

7

Robin said:
@Teagan
Yeah, you would go through your insurance. Small claims isn’t really worth it. Even if you win, they don’t always have to pay.

Thanks!

8

Here’s the bottom line: You should open a claim with your own insurance. Let them fight it out with the other carrier. The other insurance has already given you their answer, and the police report doesn’t really affect liability.