On April 4,2007 my husbands car was parked in the street which is in a culdesac, the neighbors daughter was dropping her off and when she reversed hit our parked car. We were told by the officer that her Insurance company would be contacing us. On May 23,2007 we called the Insurance company to find out she never reported or filed a claim. since then they have made several attempts to call only to get hung up on and have sent a certified letter with no response from her. The claim adjuster today told us they have the right to get a statement from their insured (usually about 30 days ) and if they dont get one they may decide not to pay out the claim (money to repair the vehicle) for damages. I told her what am I supposed to do now she said I would have to take it up with my insurance. I dont think that would be fair. What rights or actions could I take if she decides to deny the claim in order t otry to get them to payout the claim? They have the police report which has her statement.

This isn't a matter of fair, it's a matter of some stranger bringing a claim against their policyholder and the insurance company having a duty to investigate all claims and protect their insured. Doesn't matter if they have the police report, it doesn't prove anything. They have to speak to both the policy holder and the driver for a statement and to verify the accident happened and without it they will not pay you anything. If they refuse to cooperate then yes your claim can be denied. The adjuster was correct in telling you to go thru your insurance, that's why you have it. What are your rights? 1) Mitigate your damage as required by law, 2) you can sue the girl.