I was in a small car accident. Nobody was hurt, the lady who hit us fled the seen and returned over 45 minutes later.
Both cars had to be immediately moved out of the road because it is such a busy interstection (as is the law here) but I do have pictures of the debris in the road where the accident happened. The cop decided to do her a favor (at my expense) and not ticket her because she eventually returned to the seen.
Her insurance company will not cover my $2000-3000 worth of damage because they cannot get in touch with her and she told the cop I was in her lane. (obviously the pictures show otherwise) The insurance company who I sent the pictures to, claim I have no evidence that the pictures are of my accident, so they are denying my claim.
I plan to take her and her insurance company to court, but because I don't have a physical injury (or because I did't fake one) no attorney will take the case. I know the insurance company will have one, what can I do?
2007-09-21 08:17:49 · 6 answers · asked by okeydokeyjal22 3 in Politics & Government ➔ Law & Ethics
First, contact the police department and demand a report be taken and have it submitted to the District Attorney for review. In California, she left the scene. Her coming back nearly an hour later does not absolve her of the crime. The cop was lazy and did not want to write a report. Get on them and him. And while you are at it, get on your insurance company to go after the other driver. You had the right to make a citizens arrest.
2007-09-21 08:24:37 · answer #1 · answered by Songbyrd JPA ✡ 7 · 0⤊ 0⤋
The reason the attorneys won't take your case is because you won't be able to recover anything after you pay your attorney. Check out options for small claims court in your area--if you have to sue, that's probably the place to do it, and you don't need a lawyer (though you may want to consult one before going to court). Right now, you should appeal the denial of your claim--if they didn't send you anything in writing, ask them to, and then read it carefully and appeal the decision.
I think your best option at this point is to call your insurance agent. Insurance companies handle these kinds of things all the time, and usually without court. Your agent may be willing to call the other lady's insurance agent and argue with him about fault. Even though I didn't have full coverage, my agent has helped me get a response from another insurance company when I was in a similar situation.
And when you said, 'cause I didn't fake one', I think it is good that you were honest, but next time, be a little more honest. When the cop asks you if you are hurt, say you banged your head, are suddenly have a splitting headache, or that your neck is sore--which was probably true, but you knew it was no big deal so you didn't mention it. Also say that you think it is probably nothing and you don't want an ambulance. Now the cop has the 'yes' box next to injury checked on his form, and the other lady's insurance will be trying to settle with you before you change your mind and decide that you should be compensated for your injury.
2007-09-21 08:26:41 · answer #2 · answered by wayfaroutthere 7 · 0⤊ 0⤋
If she let the accident even she returned later she is guilty of several counts and the officer too is guilty of several counts for not charging her and you are a victim from the hit and run lady and from the officer who did wrong too !
Take the lady who hit you to Court and take the Officer who did wrong to Court and his department and ask your rights to be restored from all the wrong done to you and compensated by all monies you need to pay for cost and damage and waiting and for your rights having had been violated by the Officer !!
You can find an Attorney in your town who will not charge you and it will ask you for a 30% of all monies he will ask in Court , ( your case is in the thousands , from officer maybe $100,000 + ) but start calling Attorneys because you got a limitation of time different by states in which any legal sue for damages and criminal violation of rights should be presented in Court !
By the way , do yo know O. J . Simpson is innocent of all charges ? If you do you are a nice person , congratulations !
$$$$$$$$$$$$$$$$$$$$$$$$$$
2007-09-21 08:48:18 · answer #3 · answered by Orestes A 1 · 0⤊ 0⤋
If you have collision insurance on your own vehicle, use your collision insurance. Your insurance company can subrogate and get your deductible back.
You cannot sue the other insurance company. You would have to sue the woman who did the damage. You can file suit in small claims court. You will not need an attorney to do that.
If the other woman has a car, she has to have an address on her license and vehicle registration.
If the other woman blames you, challenge her to take lie detector tests. Loser pays for both.
2007-09-21 08:24:53 · answer #4 · answered by regerugged 7 · 0⤊ 0⤋
For that amount of money you could take her to small claims court and you wont need an attorney. Just gather the evidence and the police report.
2007-09-21 08:22:55 · answer #5 · answered by civil_av8r 7 · 1⤊ 0⤋
Fill a suit yourself, take them to small claims court they won't sue because it a small amount of money, their bill to you will be more than you will get from the law suit.
2007-09-21 08:25:32 · answer #6 · answered by railroad_joe 3 · 0⤊ 0⤋