My car was run off the road and damaged when it hit the curb, the vehicles never made contact. The person driving stopped, apologized, we exchanged information, spoke to the police, and she even called her insurance company to infom them of the incident. There was no police report taken, only an information exchange card. Now her insurance company is telling me that they can't find her at fault because there were no witnesses or a police report. I have to pay my deductable, towing fees, and who knows what else. This is not fair. If she wasn't at fault, why would she stop, exchange info, etc?? My question is, would I have a good chance of winning in small claims court?
2007-02-06 05:48:12 · 7 answers · asked by iboughtanightmare 2 in Cars & Transportation ➔ Insurance & Registration
The police said since the cars didn't make touch, it's a civil matter between the insurance companies and they don't make police reports on accidents if the cars don't make contact.
2007-02-06 06:06:42 · update #1
It couldn't hurt to try. The fact that she apologized is huge (which is why you should never apologize after an accident).
What does your insurance company say? They should be the ones trying to get payment.
2007-02-06 05:57:22 · answer #1 · answered by Anonymous · 0⤊ 0⤋
This is a word vs. word accident. There is NO WAY to prove she apologized at the scene etc therefore none of that matters. In a word vs word accident an insurance company WILL side with their insured unless they have solid proof otherwise (which they dont here) Unfortunately.. you are SOL.. small claims court will be a big waste of time and money. I repeat- you have no proof.
2007-02-06 09:22:16 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It is going to come down to the judge. I have seen these types of claims go both ways.
You are going to have to prove negligence on the part of the other driver. You're gonna have to get specific....right down to speed/time/distance.
Witnesses or not, I'd go for it. Police reports are hearsay and are not considered evidence for court--the police report didn't witness the accident, do ya follow me? It's one guys recap of what happened, nothing more, nothing less...the same thing the other insurance company is doing.
If you want to sue, you'll have to sue the driver.
If you have collision insurance, have your company pay it. They will subrogate and then arbitrate for the reimbursement.....if the arbitrator says you win, you win...that's it. If they say you lose...that's it, you lose.
2007-02-06 12:51:53 · answer #3 · answered by bundysmom 6 · 0⤊ 0⤋
Get YOUR insurance company to fight this for you. Get a statement from the police about their policy on reports.
2007-02-06 06:44:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
be your word against her word in court since you have no witness nor police report.
you ALWAYS get a police report when you have an accident, fender bender, etc. EVEN if no damage cause the other party can deny anything happened later or even claim damage to them or their property.
Your only choice at this point is talk to an attorney and see what they recommend.
2007-02-06 05:57:56 · answer #5 · answered by Anonymous · 1⤊ 1⤋
Your best bet on this to file through your own carrier and have them subrogate... it sux to have all that out of pocket expense if you are not at fault, they will subrogate against her carrier and with a thorough statement from you and her in front of a panel of impartial adjusters, your carrier has a good chance of winning..... check with your adjuster and provide receipts for the towing etc(any expenses you paid out of pocket) to file with their subrogation paperwork, cause once the subro panel rules that is the last of it.....
2007-02-10 05:14:16 · answer #6 · answered by Just me 2 · 0⤊ 0⤋
Your chances are pretty bad. But this should be a lesson for you - always wait for policy and get a police report. Consider the money you spent on this one the cost of this lesson.
2007-02-06 05:52:21 · answer #7 · answered by Michael R 4 · 0⤊ 1⤋