help with insurance claim?

Question

I was driving along and Mr X pulled out of a parked position into the side of my car and wrote it off.
He smelt of alcohol so I called the police, but they never came - but I do have a crime ref number.
My insurers said as I only have third party only, I should contact his insurers. I did so, they hadnt had any contact from Mr X. But when they got hold of him he said that I drove into him and he is now trying to claim against my insurance.

My insurers say they will defend his claim, but sadly I have to do my own claim against him as I didnt pay the legal cover fee???

Can I take Mr X to smalls claims court, and if so do I name him, or his insurers as the defendant.

This is a nightmare - I will never skimp on insurance cover again. I also cant believe that my insurers dont have to represent me in at least a basic capacity as his insurers dont really want to speak to me.
Grateful for any help.

Answer 1

You sue the tortfeasor, the driver of the other vehicle.

Answer 2

You can sue anybody for anything, small claims court or otherwise. When you say you will never skimp on insurance coverage again I am assuming that you did not have collision coverage on your car. If not, that is why your insurance company is not helping you out on this. If you'd had collision and comprehensive coverage, they would've paid to have your car repaired minus your deductible and then gone after the other driver and his insurance company to recover their costs as well as your deductible. But when you chose not to pay them to take on that risk, then you can hardly expect them to come to your aid. That's what insurance is all about; paying somebody money to transfer the risk to them and get it away from you.

So take the SOB to court. You can't sue the insurance company but if you win a judgment against the driver, they will be the ones that pay. Hope you can get something from the police otherwise it's your word against his. Good luck.

Answer 3

In California, the limit is due to be raised. So if you go to court you may be able to claim more then the traditional $5k.

But. ... I disagree with the previous answer. You have no claim against his insurance company only against Mr. X. He, in turn, must turn it over to his insurance company if he loses.

This prob. works better for you since if you sue the company they can send a representative who routinely appears in court and will have a practiced and professional demeanor (remember those words as you get yourself ready) and will know how to present their side.

If you sue only Mr. X then he must come to court to defend himself (or to counter claim against you). No lawyers are allowed and you will both be on somewhat equal footing.

Once you file the lawsuit .. SOMEONE will want to talk to you.

Basic steps are:

1) You must make a written claim against Mr. X. Send him copies of the estimates along with any other costs involved in making you whole (car rentals, towing costs, etc..) you can not sue for your time spent in pursuing the claim or lawsuit, however if you have missed work because of the accident or have injuries those are compensible. Sum them all up neatly. (yes. neatness counts if you get to court... even tho it is not supposed to), demand (nicely) payment by a certain date or indicate that you will take action (undefined).

2) Wait out the date. no response or none that you are willing to accept, then Wapnerize him. You can deal with the paperwork at your local County offices. Remember that all court costs - including process service - will be added to your award (if you win), so keep track of them separately for presentation to the judge near the end of the trial. If there are other persons registered on title to the vehicle include them on the lawsuit also.

3) Prepare for the trial.. get your paperwork. photos.. (lots of good photos never hurt but not of the same thing... ) if it duplicates another picture.. choose the best one. Take photos of the accident site and if possible re-create it with a friend so that the accident damages are shown to agree with your side of the story.

4) Substantiate the estimate(s). Bring the original written estimate. Better still see if the body shop guy wants to come to court to testify about the nature of the damage and if it could or better still could NOT happen the way that Mr. X says it did.

5) Other charges.. document them. Not just your own paperwork but independently.

6) Witnesses? Get notarized statements or better still bring them in.

7) Lastly,... practice your presentation. This is like a one-shot debate. Present it calmly and with a logical sequence. Let the other guy do the yelling and bouncing up and down but you stay calm and NEVER interrupt anyone unless its your turn to speak.

Good luck....

.

Answer 4

Yes, you can take him to small claims court, but you will be limited in damages to $5000 (in most states). Smal claims court is very easy to handle and is designed for non-lawyers, so don't be intimidated. Just tell the judge what happened. If the damages are greater than the limit, you can either waive the remainder or go to a regular court, which will require a lawyer.

Oh, and you should name both him and his insurance company on the claim, unless the court clerk tells you otherwise.

Answer 5

Yep, sorry.. this is the horrible situation people dont realize they get themselves into when they dont have collision coverage- if your insurance doesnt pay out anything.. they cant help you collect anything back- thats not their job.

Whenever an accident is word vs word- insurance will side with their insured (like his insurance is doing)- why would they pay out if they dont have proof?

Sure, you can take him personally to small claims court.. but be advised.. unless you have evidence PROVING he was at fault.. your going to have little luck. again, this was word vs. word... how can they tell who was lying?

Answer 6

Go on judge Judy this will be solved and you get paid.

Answer 7

Man, I'm so glad I live in the U.S.....