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Complaint 2 of 5 in "Fraud Issues"

Insurance Carrier: Affirmative
State: Missouri

Consumer Complaint:

A motorist, insured by Affirmative Insurance Co., was involved in vehicle accident with myself. I have copy of police report that clearly states that the other driver was at fault. Police report also shows diagram, showing the other driver made improper turn. That driver's insurance company refuses to accept the full liability. They are only willing to accept 50%. They rarely return phone calls. They made an original fair offer, via phone call to us on 12/09/08, then later, denied that anyone had made the call, or the offer. They refuse to give the police report any consideration, claiming that the police are biased. Due to reported comments made by the company's claims mgr., I'm suspecting that the unfair treatment may be due to her own prejudices against us. Her behavior and comments have been bizarre throughout the entire process. We have been without use of our vehicle since 10/15/08, due to the amount of damage to body and steering. We have liability insurance coverage on this 1995 Lincoln, through Safeco, so we can't get it repaired/replaced through them. My agent tried to help us by contacting Affirmative Ins., but she was very rude to him, as well.

Insurance Expert Answer:

If there is any meaningful (medical bills, loss of work, scar or loss of function) personal injury, get a lawyer. FAST. While it sounds as if the adjuster is a jerk and the company is playing with you, as a matter of law the police report, while influential, is not determinative. As the police officer did not witness the accident, and even if s/he did, witnesses perceptions may vary (although the officer's report would be highly credible) and if their driver has another story the state insurance department will likely not find an unfair claims practice, but a complaint may be worthwhile. If not, repair the car on your own and take the driver who hit you to small claims court.