by SpamBucket » Wed Mar 19, 2014 07:01 am
Hello,
I was in a non-injury auto accident. I can provide lots of details, but essentially I was waiting to make a right turn and the driver to my left turned right and side-swiped the front corner of my car causing several thousand dollars worth of damage.
The police report puts the other driver at fault. Unequivocally stating that the statements by both drivers and the nature of the damages support naming that driver at fault.
Her insurance company has flatly denied my claim. I do not carry collision coverage.
I am in California. What is the thinking of the forum on whether this has a chance of succeeding if I pursue a small claims action against the other driver? Or, should I get a lawyer and attempt a regular lawsuit?
Thanks!
I was in a non-injury auto accident. I can provide lots of details, but essentially I was waiting to make a right turn and the driver to my left turned right and side-swiped the front corner of my car causing several thousand dollars worth of damage.
The police report puts the other driver at fault. Unequivocally stating that the statements by both drivers and the nature of the damages support naming that driver at fault.
Her insurance company has flatly denied my claim. I do not carry collision coverage.
I am in California. What is the thinking of the forum on whether this has a chance of succeeding if I pursue a small claims action against the other driver? Or, should I get a lawyer and attempt a regular lawsuit?
Thanks!
Posted: Wed Mar 19, 2014 01:12 pm Post Subject:
The chance of winning depends on your ability to show the other driver was at fault. Since we know nothing about the accident, there is no way to know the answer to that question. It might be quicker just to explain the other carriers reason for not paying.
Small claims court means you only spend about $150 to file. A higher court means you really need to hire an attorney. It will cost about $400 to file and you'd need to pay the attorney somehow.
Posted: Sat Apr 05, 2014 04:29 pm Post Subject:
I would look for a lawyer who deals with auto insurance claims and also offer free consultation. Then, you can take all your papers and ask your chances. Remember to ask who would pay his/her fees if you win and if you lose. That is what free consultation is for.
Posted: Thu Apr 10, 2014 04:03 am Post Subject:
TCI . . . while a free consultation may be worth every penny one pays for it, it would be of little value here. This is not an action that any attorney would become involved with due to the low claim value. SpamBucket simply needs to file an action in the Small Claims Court, where the limit has now been increased to $10,000. If he/she wins in that forum, the insurance company will have to pay to indemnify its insured.
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