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What happens next in car accident dispute/settlement?
I was side swiped by a driver. Driver had insurance I didn't. I have video of driver admitting fault recorded from my phone. I obtained body worn camera footage from police of driver admitting fault to city police. I call the drivers insurance company and start claim.....30 days go by and the company advises me they closed claim because they didn't get their driver's side of story and can't proceed. I advise them of video footage and I mail it certified to them. The videos were signed for by a rep at the insurance company.....30 days go by I call and I get told the videos never were recieved. I go down to the small claim court in my city and I file a claim against the other driver to inspire him to cooperate. This is a slam dunk with video footage that's why insurance is ignoring video footage. I'm not represented by a company or a lawyer at the moment so its easy to give me the run around. I already got my own estimates.... should I bother negotiating with insurance if they call? Or should I drag it thru the courts and get what i want?
7 Answers
- NancyLv 71 year agoFavorite Answer
The insurance company works for the other driver. If the other driver says you were at fault, then their insurance company basically says, "If you say so, then we will not cover the claim." Now, the reason the other driver does this is because the other driver doesn't want their rates to go up, but when the other driver does this, by freeing the insurance company of liability, they take on the liability themselves. So filing suit against the other driver in small claims court was the smart thing to do.
You don't need to worry about lawyers because lawyers aren't just not required for small claims court, but also they're not even allowed. You don't need to worry about the insurance company's lawyers giving you the run around, either, because they washed their hands of it entirely as soon as the insured, their customer, said it wasn't their fault. That frees them from anything and everything. So it's just you against the other driver in small claims court.
So when you show up for small claims court, be sure to have the evidence you say you have ready to show the judge. Like you say, it'll be a slam dunk. When the case is awarded against the other driver, the driver will be obliged to pay you, and what will in all likelihood happen is the other driver will go back to their insurance company and revise their statement, and with a finding of fact by the court, the insurance company won't be able to quibble but will just have to pay the claim in accordance with the judgment, but if the driver doesn't do that, then the driver will have to pay the money to the court, which will in turn pay you.
- NosehairLv 71 year ago
Unfortunately, without insurance, you will need an attorney to fight this in court. Don't expect any attorney to take this on a contingency because winning the case is reasonably doubtful.
- SlickterpLv 71 year ago
Your video means nothing. Nor does the police video. Just because he said he was at fault doesn't mean he actually was.
- rejectedsoulLv 71 year ago
you werent legal to be on the road yet you were. You are at fault. Your car should have been parked and your butt in an uber or bus. You may not have caused the wreck but you were driving illegally. You cannot win a case sorry
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- Anonymous1 year ago
Consult a lawyer who can review your case and advise you of the best course of action.
- keerokLv 71 year ago
You'll get the run-around everywhere, including the police. You need lawyer. The next question then is would it be worth it?
- PLv 71 year ago
You just need to hire an accident attorney. If your case is really that strong they will work for "free" and get the insurance to pay his fees.
Regardless most people would just claim on their own insurance as no fault and your insurance company will have lawyers go after the other driver and refund your deductible and any other expenses you may have paid. There's no reason to have to go in on your own in small claims court.