Disputing Admitted Fault Claim

Summary

In West Virginia, insurance companies determine fault based on evidence. Document everything, including conversations with your insurance company. If you have any evidence or witnesses, present them. You can appeal the insurance companys decision. Consider seeking legal advice if you cant resolve the issue. Hearsay typically isnt admissible as evidence. Changing your story after admitting fault can raise suspicion about credibility, potentially affect the claim outcome, and lead to a possible fraud investigation. Adjusters might not listen to calls due to reliance on written documentation, privacy regulations, or company policies.

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on june 1st my car was parked in a walmart parking lot. i had opened my door only half way then gathered my phone and keys to go inside. i hadn’t stepped out yet when my driver side car door was hit from a truck trying to swing into the parking lot from the opposite direction. at the scene he admitted fault while filing the claim. we both have the same insurance company. the next day, he began disputing the fault because people told him it wasn’t smart to admit fault and it would affect his policy. i was originally told by an adjuster that i was not held liable and it was updated on the claim, but then a few days later i got a call from a different adjuster stating that he’s been disputing the admitted fault since the second day it happened and the investigation wasn’t done correctly. now im having to file the same claim on my policy and it’s */* on both claims and i must pay for my damages on my own vehicle. he opted out of no repairs at the scene of the accident and said he wasn’t worried about his truck that he just wanted my door fixed. the adjuster told me that he cannot listen to any recorded calls that he has no way of doing so, and that they don’t matter when it comes to the investigation and assigning a decision. what can i do?
I'm sorry to hear about your situation, Ciara. It would be helpful if I could know which state you're in as insurance laws vary by state. Also, do you have any witnesses or surveillance footage from the Walmart parking lot that captured the incident?
west virginia
I'm sorry to hear about your situation, Ciara. In West Virginia, it's important to remember:
- Insurance companies determine fault based on evidence.
- Document everything, including conversations with your insurance company.
- If you have any evidence or witnesses, present them.
- You can appeal the insurance company's decision.
- Consider seeking legal advice if you can't resolve the issue.
there were no witnesses that saw anything but the day after the accident he began disputing and listed two witnesses to defend him because they told him he shouldn’t have admitted fault. but their statement couldn’t be used in the investigation because they weren’t there to see anything. they were only told information by the driver about the situation.
In West Virginia, hearsay (statements from individuals who didn't witness the incident) typically isn't admissible as evidence. Your next steps could be:
- Request a formal appeal with your insurance company.
- Consult with a local attorney.
Do you need help finding a lawyer in your area?
what are the repercussions of admitting fault when filing a claim then disputing a day later and changing your story
In West Virginia, changing your story after admitting fault can:
- Raise suspicion about credibility.
- Potentially affect claim outcome.
- Lead to possible fraud investigation.
This varies by case and insurance company's policies. Please consult an attorney for specific advice.
why won’t the adjuster listen to the call when the claim was made and is saying it can’t be used in the investigation
In general, there are a few reasons why an adjuster might not listen to a call:
- Adjusters often rely on written documentation.
- Privacy regulations may limit access to certain information.
- Company policies may prohibit use of such calls in investigations.
Consider seeking legal advice for a deeper understanding.