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Assuming either your insurance carrier or the other carrier has already inspected both vehicles to obtain measurements, evidence of paint transfer, "match-up" of damages, etc., and assuming there were no independent witnesses who saw the accident occur, you might have no choice but to take the owner of the SUV to small claims court.

You could file a complaint through your states division of insurance, but they don't typically have the authority to decide liability. In fact, unless you're filing a complaint against your own carrier, the division can do very little for you.

I'd check with the insurance company to see just what kind of investigation they conducted. If they've never looked at your vehicle, for instance, or didn't get measured photos, you can pretty much bet they did a sloppy investigation.

Keep in mind, though, that the other carrier will protect its insured's own interests. If no evidence exists that you were vehicle was struck by the SUV owner, the other carrier would have no choice but to deny liability.

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10y ago

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