I was rear-ended at a stop light. The 19 year old grazed my rear left bumper with her right front bumper. She tried to hit and run but the light was red up ahead. I got out the car and wrote down her plate number and knock on her window to inform her. We exchanged information. I filed a claim on the same evening against her dads insurance company and gave my statement.
16 days later, she decided to give her statement and my claim was denied. According to her insurer, I backed into her??? STRANGE. My deductible is $1000 and the damage is $800.
I am screwed on both end. My insurance could not help because of my deductible and the other denied my claim due to her dishonesty.
Any help would be greatly appreciated...to win in a small claims court. "No witnesses since she tried to hit and run and she failed to stop at the scene"
2007-01-02 17:03:33 · 6 answers · asked by MEOW 1 in Cars & Transportation ➔ Insurance & Registration
It sounds like you are going to get the shaft.
If you try and sue and get lawyers involved, it will cost more then it is worth.
2007-01-02 17:12:19 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Well you're in a bit of a pickle. You could try to sue, but like others have said, it may cost you more in the long run. Is there a police report? That could be key in determining what happened and in you getting justice. If you didn't call the police, it's your word against hers and we already know her company has sided with her on this one. If there is no police report, you may as well accept your fate and pay for the repairs out of pocket. You can file on your own insurance, but they will most likely just turn around and deny it because it does not meet the deductible, so that's pretty pointless.
Moral of the story? Always get a police report, no matter how minor the damage, and don't carry deductibles over $500!!! I'd call my agent and change my deductibles ASAP in case this ever happens again.
Sorry this happened to you, good luck.
2007-01-03 10:39:50 · answer #2 · answered by Beth 4 · 1⤊ 0⤋
Try small claims court. She must have told her company that you backed into her and that is why her company denied the claim. They are always going to side with their own insured unless you can really tell by the damage how the accident happened. Your own insurance company is not going to be able to do anything for you since it is under your deductible.
The judge in small claims court will make a determination what happened. Since she is lying the judge will probably catch it and you will win.
2007-01-03 12:38:47 · answer #3 · answered by blb 5 · 0⤊ 0⤋
Even though the claim is less than your deductible you always should file the claim with your insurance company. Do that, and you may find out that her insurance company comes around and pays up. Your insurance company MUST accept your claim and follow through on it.
2007-01-03 05:00:09 · answer #4 · answered by Bostonian In MO 7 · 0⤊ 2⤋
you should have your insurance adjuster look at both cars. i am pretty sure they will be able to tell if you backed into her or she rear ended you just by the damage done. good luck.
2007-01-03 02:27:54 · answer #5 · answered by jezbnme 6 · 0⤊ 0⤋
find a lawyer. They will not charge you upfront. they usually take 1/3 of any settlement you receive. Find one that specializes in accident claims.
2007-01-03 01:14:39 · answer #6 · answered by mother of Bridezilla 3 · 0⤊ 0⤋