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Message
Insurance claim
Posted on 12/4/25 at 8:39 pm
Posted on 12/4/25 at 8:39 pm
Our roommate got hit. Stopped at a stop sign them proceeded through intersection when a car parked on side of street pulled out and hit him on the right fender. He owns the car but under our insurance. No collision or comp as it's a 2016 Kia Soul. Police report says "Driver 2 (other driver that hit my party) is in violation of LA,R,S32:103 relative to moving parked vehicles." Guilty party's insurance says they are denying responsibility.
No citation was issued.
Seems pretty cut and dry to me.
The other insurance agency, Root out of Illinois, is having none of it. The assigned adjuster is mostly MIA and on top of that nasty towards us, saying she can't get a statement from her client (no shite! She's guilty!) We tried to escalate it up the line but they keep referring to original adjuster assigned and just outright deny responsibility. It's $3000 of damage. Aside from small claims and lawyers any other possible resolutions that I may be missing?
No citation was issued.
Seems pretty cut and dry to me.
The other insurance agency, Root out of Illinois, is having none of it. The assigned adjuster is mostly MIA and on top of that nasty towards us, saying she can't get a statement from her client (no shite! She's guilty!) We tried to escalate it up the line but they keep referring to original adjuster assigned and just outright deny responsibility. It's $3000 of damage. Aside from small claims and lawyers any other possible resolutions that I may be missing?
This post was edited on 12/4/25 at 8:57 pm
Posted on 12/4/25 at 8:42 pm to HeyCap
It's amazing how many common sense things some people struggle with 
Posted on 12/4/25 at 8:42 pm to HeyCap
File on your own in small claims against tortfeasor. The insurer will step up when you are serious and settle. They owe a duty to defend if the policy is active so they wont want to be bothered with this amount.
Posted on 12/4/25 at 8:43 pm to HeyCap
quote:
No collision or comp as it's a 2016 Kia Soul
Why do people think that this is an excuse to not carry comp and collision.
Posted on 12/4/25 at 8:43 pm to HeyCap
Just get an attorney. They’ll snap into place quick enough.
Oh, and remember that pain in the back since they’re trying to give you the run around.
Oh, and remember that pain in the back since they’re trying to give you the run around.
Posted on 12/4/25 at 8:46 pm to HeyCap
How are they "denying" responsibility when they haven't even spoken to their own driver yet? Sounds like they are still investigating at this point.
I wouldn't be surprised if the idiot other driver has some dumb story that it's not her fault. I've almost been hit several times by people like this. For whatever reason they just take off from a parked position and pull off into the lane of travel without looking. I'm 100% sure if they did hit me like that, their story would be "you came out of nowhere! WHERE DID YOU COME FROM! WHY DID YOU HIT ME!!"
I wouldn't be surprised if the idiot other driver has some dumb story that it's not her fault. I've almost been hit several times by people like this. For whatever reason they just take off from a parked position and pull off into the lane of travel without looking. I'm 100% sure if they did hit me like that, their story would be "you came out of nowhere! WHERE DID YOU COME FROM! WHY DID YOU HIT ME!!"
Posted on 12/4/25 at 8:49 pm to HeyCap
quote:
$3000K
$3,000,000 isn't small claims court.
Posted on 12/4/25 at 8:56 pm to HeyCap
quote:
Our roommate got hit
quote:what?
He owns the car but under our insurance
you and someone else have a roommate and you are insuring a car that he/she owns?
Posted on 12/4/25 at 8:56 pm to HeyCap
Attorney letter about his injuries
Posted on 12/4/25 at 8:58 pm to LemmyLives
quote:
$3,000,000 isn't small claims court.
Corrected
Thanks
Posted on 12/4/25 at 9:09 pm to Lush
I hate to bring the ambulance chasers in this but I’ve been as patient as one can be expected. It happened in September and we should have been made whole a while back for such a small claim.
Posted on 12/4/25 at 9:12 pm to HeyCap
quote:
He owns the car but under our insurance
How does this work? I didn't realize this was a thing people did. Is he not insurable himself? And why would you potentially open yourself up to liability or rate hikes if he makes a claim on your policy?
Posted on 12/4/25 at 9:12 pm to HeyCap
You got the insurance you paid for.
If you had paid for other than liability insurance, you insurance company would be fighting for you
If you had paid for other than liability insurance, you insurance company would be fighting for you
Posted on 12/4/25 at 9:18 pm to zuluboudreaux
quote:
You got the insurance you paid for. If you had paid for other than liability insurance, you insurance company would be fighting for you
Absolutely correct .
I took a risk on a car that we got at a bargain (5k) being driven 5 miles a week and I lost in this instance. I’m sure most others would have paid to have it insured to the hilt .
Thanks for your help with a solution.
This post was edited on 12/4/25 at 9:21 pm
Posted on 12/4/25 at 9:29 pm to HeyCap
quote:
Our roommate
quote:
He owns the car but under our insurance
But why? You’re opening yourself up to all kinds of liability for someone you shouldn’t be responsible for.
If you can find out who the adjuster’s supervisor is, send the adjuster and their supervisor an email and certified mail telling them that the police report has already determined their insured was at fault and that if they continue to deny and drag their feet, you’re prepared to hire an attorney to file suit alleging bad faith and seek damages plus legal fees.
Posted on 12/4/25 at 9:34 pm to HeyCap
quote:
Our roommate got hit
quote:
He owns the car but under our insurance.
This is an absolutely terrible decision on your part. You need to remove your “roommate” immediately unless you want to be financially responsible for them in any future accident.
quote:. They have a duty to investigate which include getting a statement from their insured. They are allowed a “reasonable” time to try and obtain that. Sometimes it can take 30 days. (And sometimes they can extend that time by simply sending you a letter) Their insured has a duty to cooperate. If their insured refuses to cooperate then that can be a reason for denial.
The assigned adjuster is mostly MIA and on top of that nasty towards us, saying she can't get a statement from her client
Your options would be to go through your own carrier (which is pointless because you don’t have collision), you can file a complaint through the state DOI since the adjuster is not contacting you in a timely manner, or go file suit. Make sure you include their insurance company on any suit if you do file.
If you contact the DOI the carrier will take it seriously. They will need to reach out to you and will have to respond to the DOI. The DOI is more interested in them following the correct insurance procedures than actually getting the liability decision correct. So don’t expect them to step up for you and fight the decision on your behalf, but they can absolutely get you contacted.
This post was edited on 12/4/25 at 9:39 pm
Posted on 12/4/25 at 9:36 pm to HeyCap
quote:
He owns the car but under our insurance.
This sounds fricky to me…
Posted on 12/4/25 at 9:42 pm to HeyCap
Contact the Department of Insurance and file a complaint
Posted on 12/4/25 at 9:44 pm to Spankum
Wanting to guess it’s titled to OP
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