On September 8 I was driving to school and a lady hit my car. I was driving on Motel Drive going straight and a white car was park on the side of the road. The car did not use signals or anything, so I assumed it was a parked car. I kept going straight and the car pulled in a hit my car from the ride back side of my door.
I jot down her information and since no one was injured, I did not call the police. She said she was sorry and the sun was in her eyes so she did not see me. Then I went to school and told her I will report it after school because that morning I had an lab for my AP chemistry class.
I report the claim to my insurance AAA. 1 month later I received information on the lady's Insurance Company Safeco. I called Safeco and the man told me that she said it was not her fault. Her story was "She was pulling into the road and a car hit her"
I was quite confused because I thought it was obviously her fault and wasn't worth going to court for it. Now how do I sue
2006-10-16 12:50:43 · 9 answers · asked by SafetyFirst 1 in Cars & Transportation ➔ Insurance & Registration
File the claim with your own insurance company. Let them deal with the other driver's insurance company. Her claim that she was "pulling into the road" means that she failed to yield the right of way. When you are pulling onto a main road, you must yield. The damage to the vehicles will tell the true story.
2006-10-16 13:09:58 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
First, you don't file suit against the insurance company, you file against the driver you feel is at fault. If she admitted to Safeco that she was pulling out onto the road, then I'm not sure how they can say it isn't her fault. Have you appealed to the supervisor, manager, etc? Cowboy Bill is right though, without witnesses or a record filed with the police (which might not have helped because a lot of times if no one is hurt they just do an info exchange) it will be your word against hers unless the damage to your vehicle and the point of impact is so compelling it clearly proves fault.
If you have collision coverage you would use that and then your carrier will determine if they can get the $ back from Safeco or file arbitration against them. If you don't have collision then you can file a complaint with the State Insurance Department (they inquire with Safeco, Safeco answers with their position and it may or may not go further after that) or file suit in small claims court.
2006-10-16 13:49:34 · answer #2 · answered by Chris 5 · 0⤊ 0⤋
At - INSURECOMPARECAR.INFO- you can compare free quotes RE What type of lawyer do I need to sue my insurance company to fix my car after a car/deer accident? no injuries? My insurance company wants to use reconditioned parts, and they are pressuring us to accept a check made out to us and the finance company. Not enough to pay it off or fix it. My vehicle is a loaded Suzuki Grand Vitara with all kinds of electronic stuff. Which were mostly scattered across the road after the deer committed suicide. They (the insurance company) had it towed to my home after the accident because there were no dealers in the area and my home was about 100 miles closer than Dallas. Now they are saying we have to pay to have it towed the 100 miles to the nearest dealer, or use someone local. They are also saying that we contacted the towing company and they are the ones who arranged the tow. There is no one local (car repair shop) who can work on it and get it right. I am afraid if we use someone local it won't be fixed right. The estimate they gave us has parts coming from a salvage and reconditioned parts dealers. I need to find a lawyer who can make them fix it right. If it can't be fixed right then I need them to total it. I have looked in the yellow pages and all of the accident attorneys want injuries. What kind of attorney do I need for just auto damage? I have never sued anyone before. HELP!!!
2016-05-22 07:33:07 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Since you didn't call for a police report, it is now basically your word against hers. Figure out your losses, and send the woman that hit you a claim for that amount. She will then turn it in to her insurance. In the mean time ask your insurance to negotiate on your behalf. Next time get a police report..
2006-10-16 12:57:09 · answer #4 · answered by oklatom 7 · 0⤊ 0⤋
I agree with "bostonian" don't waste your time dealing with safeco. Use your own insurance (this is why we pay them) Have AAA fix your car and have AAA go after safeco. True you may have to pay your deductible now and hope for payback later.
_AAA will fight with safeco on your behalf, trust me safeco can be a hard company to work with.
2006-10-17 08:13:30 · answer #5 · answered by COLE 3 · 0⤊ 0⤋
Something important for you to know is that every state has their own policy in regards to collection in an accident. Some states have the doctrine of "contributory negligence", which means if a party is even 1% at fault, then they are barred from recovery for their damages. Other states with "contributory negligence" mandate that you may only recover on the percentage you are not at fault for. If you want to email me & tell me which state you are in, I can tell you which doctrine they apply, and maybe this will help you in your recovery attempts.
2006-10-16 14:05:25 · answer #6 · answered by shuggiegurl 2 · 0⤊ 0⤋
No police report, no witness...get real, what did you expect?
You can sue them until your @ss bleeds but you will never see a dime. Just file this under 'stupid tax' and move on with your life.
2006-10-16 12:56:18 · answer #7 · answered by Anonymous · 1⤊ 1⤋
There are attorney's that handle auto accidents. Check the Yellow pages and you will find one.
2006-10-16 13:04:15 · answer #8 · answered by Anonymous · 0⤊ 0⤋
dont sue your insurance, sue her the other driver
2006-10-16 12:54:05 · answer #9 · answered by nerdintraining 2 · 0⤊ 0⤋