My girlfriend what hit from behind waiting for vehicles to move in front of her. The guy that hit her lied and said she was moving from the right lane. He hit her dead center and cracked her bumper in half.
Anyways, her insurance (Farmers Insurance) cleared her of any wrong doing but the guys insurance (ALL STATE INSURANCE) says they will only pay for half the damage. If my girlfriend wants to get her car fix..she has to pay the deductible which is more than the cost of the repair.
Ok my question is, can we take this guy and All STATE to small claims court if FARMERS insurance doesn't want to do anything??? What can we do? She did nothing wrong and shouldn't have to pay anything out of her pocket...Help if you can ...Appreciate it..
2007-03-08 14:55:40 · 6 answers · asked by Curiously 5 in Business & Finance ➔ Insurance
We did call the police and the arrived but they don't fill out accident reports if nobody was hurt, so there is no police report. They just showed up to mediate the exchange of information
2007-03-09 03:09:13 · update #1
Unfortuneately for you the worst insurance companies in regards to claims are probably Allstate and Farmers Insurance.
Your chances of winning this lawsuit would be better if you have a police report or a witness. If you don't have either see if you can find a witness and have them sign a statement as to what they saw.
File a complaint to your State Insurance Commissioner about Allstate's lowball offer
http://allstateinsuranceonline.com/Doi.htm
Post your complaint at
http://allstateinsuranceonline.com/complaints.html
In most states you file your small claims lawsuit against the insured not the insurance company. Allstate will try and defend their insured in Small Claims but they can't. They will call themselves as witnesses probably though. There is information about small claims at:
http://www.farmersinsurancegroupsucks.com/lowball.htm
Take pictures of your vehicle and take pictures of the location where the accident happened. The more evidence you have the better!
Go in that court room with confidence. Allstate is trying to rip you off and they hope you walk away with their lowball offer. I am glad someone is fighting back for their rights. You can win this.
Good luck!
2007-03-09 03:43:24 · answer #1 · answered by Warrior 3 · 1⤊ 0⤋
First of all, if the damage to her car is less then the deductible, Farmers CAN'T do anything. They can't sue the other guy on your behalf and since they also can't pay anything, there is nothing they can do other than to possibly offer your girlfriend some advice.
What does the police report say as to who was at fault? Did it state your girlfriend was partially at fault? If the police determined that she was partially at fault, then that is why the other guys insurance only wants to pay for part of the damage.
If your girlfriend believes that she was in the right, then file a small claims action against the other driver. If you win, you will get the full amount of the damage. Be prepared when you go into small claims court. Don't show up without every piece of evidence you have. Estimates of damage. Police report. Any witnesses that saw the accident. If the witness can't come to court, then get a notorized statement from the before you go.
2007-03-08 22:58:51 · answer #2 · answered by Faye H 6 · 1⤊ 0⤋
You don't take Allstate to small claims, they didn't cause the accident. You take the DRIVER of the vehicle, and you take the OWNER of the vehicle, to small claims court.
BTW, in a true no-fault state, everyone ALWAYS collects from their own policy, ALWAYS. I'm guessing you aren't really in a no-fault state, or Allstate wouldn't have volunteered to pay half. Likely, you're state is no-fault for medical or some such.
KEEP THE BUMPER. You'll have to show that the damage is square on the back center. My guess is, Allstate will cough up the rest of hte money as soon as they get a copy of the suit papers, as it's pretty cut & dried. Don't forget to include suit filing costs and rental reimbursement coverage, for the time the car is in the shop.
2007-03-09 00:28:33 · answer #3 · answered by Anonymous 7 · 1⤊ 0⤋
Get your self a good lawyer and sue the pants off All State Insurance,and the person that hit her.
2007-03-08 15:04:56 · answer #4 · answered by Candy 4 · 1⤊ 0⤋
enable me clarify.. opposite to ordinary have self belief.. coverage firms dont in simple terms mislead people approximately fee.. do you somewhat think of they have massive conferences the place the managers say "ok.. how do we screw people over right this moment? no. Heres what occurred... the coverage agency did an estimate that replaced into lifelike. It probalby consists of used aspects (that's unquestionably ideal) and in basic terms replaced what needed to be. Your broker.. who's interior the agency to make as plenty money as available.. placed all new aspects (so they could earnings) and adjusted each little thing (so they could do much less artwork) The coverage and the broker will artwork out their transformations relating to the estimate optimistically. in simple terms take the coverage estimate to the broker and tell them to artwork off it (they be attentive to they could) in the event that they have any supplementations- they are going to be attentive to to call the at fault events coverage
2016-11-23 16:34:10 · answer #5 · answered by ? 4 · 0⤊ 0⤋
If she was hit from behind it's his fault. She shouldn't have to pay a dime.
2007-03-08 15:03:15 · answer #6 · answered by ? 6 · 1⤊ 0⤋