American Family Insurance Failed to pay insurance claim colorado springs co colorado

I will just say that "simple physics" and "who hit who" does not always identify fault.

For example, if a person runs a red light at an intersection and is hit by another vehicle. It is the person that ran the red light that would be determined to be at fault even though they were the one that was hit. More for your situation, and not saying this is the case, but for example if the other vehicle had started to back out first and you didn't see them. If they could not stop in time or aviod the accident you could be seen as at fault because they had the right of way by starting out first and your failure to observe them.

If the other party insurance company pays, they are also responsible for your deductible. So if you have a $2000 deductible with your carrier and the damage was $2200. If they paid claim they would be required to pay you your total out of pocket expenses which would be the $2200. So you in fact are losing out more than you think by not pursuing the other driver. If their insurance won't pay, then file a Small Claims case against the driver,  for the  amount you are talking it is probably $100 or less to do that and you could claim that back as well if you prevail. In court you could then tell the judge your side and hopefully they will see it your way. In fact just filing the suit may be enough to get their insurance company to pay.

Good Luck

Yes, I agree that the damages seem high for replacing a tail-light lens and basically rubbing my paint off her bumper, but that's the information I was given. To be clear, these are the other drivers supposed damages....not mine.

I did file a claim with her insurance company, no luck. I will pay for my own repair because I carry a high deductible and the difference in cost will be minimal.

Simple physics shows who backed in to who....so regardless of what I say or what the other party said....that fact alone is clear.

My disappointment lies in the fact that the insurance company decided to raise my rates substantially for something that I was not at fault for.

I am not going to say you were or were not at fault. But while I will say that I am sure you belive that the pictures "clearly" show the other driver is at fault, the reality is that it may not be as clear as you think.

But there are a few confusing items. First is the amount of damage seems a bit high for an accident that based on your narrative would have taken place at "parking lot" speeds of someone just backing out. How fast were each of you actually going?

Then why if you truly believe you are not at fault why are you paying for your own damages? Why did you not put a claim in with the other drivers insurance company? If that didn't work out for you, why didn't you file a suit against them in Small Claims court? The insurance company isn't a court of law, and unless you signed some legal document signing away your rights to sue the other driver there is nothing that would keep you from doing that.

As for the insurance adjuster not coming out to look at your vehicle. Why would they? You most likely sent them pictures so there would be nothing new for them to see, and according to your post you are paying for the damages yourself. In fact MANY insurance companies no longer will send adjusters out for minor accidents and rely on the pictures that were taken by the people involved in the accident.