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How to approach a car insurance company to pay damages to my car?

Okay, I was involved in an accident a month ago. I was at the train station attempting to street park, I saw a car parked in the middle of the side walk and a private house driveway, I looked very carefully and no one was in the car, as I was backing up into the parking space I felt the impact on my passenger side back door, I didn't know what it was until I realized the car on the driveway had backed up into my car. The driver stated that he saw me attempting to park when he was walking to his car but he thought I saw him getting into his car, he said he was in a hurry and was late for work and I should have waited for him to get out first (he had a big ego). I never saw anyone in the car. I am the kind of person that I would have waited and then proceed. Meanwhile I only have liability coverage. My insurance company said that he was at fault- they will not pay for his damages $800. His insurance co. won’t pay for mine because they said is 50 - 50 faults, my damages are $1,800 door damages estimated by the other driver claim adjuster. I don’t have $1,800 to spend in fixing my car. 2005 Nissan Altima. How can I fight the other party insurance co. to pay for my damages? Yes the police were involved a police report was filed. The other insurance company sent me a letter stating that because my company will not pay for their insurer damages they won't pay for mine, his insurance company found us both at fault. The police report stated that while I was attempting to backup into a parking space in front of his house he saw me and initially thought after he got into his car that I passed him and he backed out of his driveway.

Public Comments

1. Not too sure where the accident was but most insurance regulation operates the same way... if you want the other party insurer to pay your damage, you need to prove that the other party is wholly at fault. In some country, the traffic police investigation report ruling the other party at fault will best prove.
2. If the other insurance company will not pay, your only option is to sue the other driver for the damages. DO NOT try to sue the insurance company because they were not the ones driving the car. Actually if your insurance company believes that the other driver is at fault, they should be representing you in this matter.
3. You do not need collision insurance to collect on damages made by other persons or objects. Collision insurance is only if you want YOUR insurance company to pay for repairs to or replacement of YOUR vehicle. Therefore, your insurance company should be handling this, entirely, assuming that it was truly the other party's fault. If your ins co refuses to go any further on your behalf (which would be a considerable breach of their responsibility to you, and, if that's the case, I would change insurance companies as well as make a complaint to your State's Attorney General), then you'll have to take the other driver to small claims court; make sure to take the cop's report and claim adjuster's info with you (photos of your damages would be nice, but the adjuster's info should be more than adequate). The simple fact that you have their adjuster's info at all, much less that you did not mention whether the other party has asked for such, indicates that the other party has accepted responsibility for the accident, and, based solely on what you stated, I do not see how you are at fault at all, much less "50-50". In the future, new vehicles should have collision insurance until they are 5 years old or have reached less than 50% of their book value. So, assuming you bought the car new, you should have had collision on it (the current book value for your vehicle, regardless of specs, is above 50% of the book value, assuming you kept it in excellent condition and do not have over 30,000 or so miles on it). P.S. Since you are new to this website, and, assuming you intend on being a "good citizen", I would like to offer a few suggestions: 1) Change your user ID; most of us don't care what sex you are, and wouldn't believe it, either way. 2) Don't start your questions or answers with "Okay"; it's superfluous and makes you appear childish. 3) Don't give unimportant details. In this case, the entire sentence concerning the other driver's "big ego", et al., was completely unnecessary, unless, of course, he had taken off after hitting you, without waiting for the police or for you to exchange info (i.e., he would have been guilty of leaving the scene of a crime). 4) Don't omit important details. You did not indicate whether the police were involved; you didn't even say whether you or the cops filed a report. We can only assume that to be the case, based on the third and fourth to last sentences, where you state that both insurance companies got involved to some degree (how do you know what the other insurance company said? did you insurance company tell you that, or did you call them, directly?). What did the cop's report indicate?
4. contrary to the prior answer, you MUST carry collision coverage in order for your insurance company to have subrogation rights (ie, fix your car and pursue the other insurance company for what was paid). they are not going to pursue the other company on your behalf. it looks like both of you were backing up at the same time hence the 50/50 liability decision of the other insurance company -- i would have made the same decision. also, why are you driving a 2005 altima with liability only? with a vehicle of that value, you should carry collison coverage. since you don't have appropriate coverage, you are left to try to purse this on your own.