Car accident 2 months ago, need some help.

[Wisconsin21]

What is the name of your state? Wisconsin

I was in a car accident 2 months ago and after finally hearing from the other persons insurance again (their insurance is Progressive), they say that they arent going to pay me for my car damages cuz they say that they find me to be legally liable for this loss. I dont have any kind of insurance on my car at all. What happened was, I was driving on a one way street i was in the left lane, and a car in the right lane made a left turn in front of me and I couldnt stop in time and we crashed. My car doesnt work anymore and since its kinda old the damages exceed over what the car is worth. I've been without a car for 2 months now and I will be needing one when I start taking kids to school and picking them up soon. I was going to file a small claims court case but not sure how to go about all that. I've never been to court so I dont no what to do. I also dont no a amount to file that for. My car was a '88 chevy nova and worked great, nothing was wrong with it. The other driver got cited for improper left turn. I know he's still trying to fight that. I also have a medical bill for my back from this accident. I been looking around to talk to a lawyer (if I need one) and one that could help me out. I read that If I can get a lawyer to help me with this, they could write a letter to the other party to see if it can be settled first before it'd go to court. If anyone can help me out I'd appreceiate it alot. Thanks

 

[Juan Rodriguez]

You can go to the self-help desk at you local courthouse and they will give/sell you a packet that will explain and guide you through the process of filing suit.

 

[madforce]

The other driver clearly made an illegal left turn (and unsafe lane change). Sue that drive for all your losses. If it's ujnder $5K, take them to small claims court with facts, data to back it up, and even a large poster size drawing of what occurred.

 

[Wisconsin21]

After calling the main headquarters office to Progressive Insurance, I finally heard back from the company in Madison that was handling this. They still are saying that this accident was all my fault and It's my loss for the damages. I told them I'd settle for $1200 (that includes my medical bill) and they say how do you figure all that??? I looked it up and I took what my car was worth before the accident at the time and then subtract what its worth after. Since its not worth anything after cuz its totalled that's 0. I looked it up on kellybluebook.com and told the insurance thats how I got the price also, and they say that's not a accurate site and dont matter what that site says. I was told to get a price from that site when I was getting an estimate on my car after the accident and even advice I've gotten said to look at that site. They asked me if I'd still be willing to try to settle this before I file with the small claims court and I said yes, so now I have to wait another week til they call me and find out what they say. If this does go to court and they have an attorney with them, it's best that I have one to. I been looking around and all I get is the run-around and I cant afford a expensive lawyer at all. How do I go about getting one If I need one?? Thanks for everyone thats trying to help, I appreceiate it.

 

[madforce]

Insurance companies always try to low ball you on payouts. If they're saying it's your fault, why are they offering to pay? Hold out until you get what it takes to cover ALL your expenses. If they refuse, sue the insurance company and the driver at fault.

I don't see how this is your fault if what you say is true.

 

[Juan Rodriguez]

1.) Don't include the insurance company on any suit. They didn't cause the accident.

2.) They are willing to settle due to the low value of your claim. It's just simply cheaper to pay you off than go to court.

 

[madforce]

The insurance company didn't cause the accident, but they are responsible to pay the correct amount. You sue them if they fail to support your claim.

 

[Juan Rodriguez]

madforce:

You cannot sue the adverse party's insurance company for not settling your 3rd party claim.

You are confused by the fact that you can sue YOUR carrier if they fail to abide by the provisions of an insurance policy which is a CONTRACT.

 

[bijou-MP5]

hey Wisconsin21 any update in your status with insurance?
i have similar situation here. you can read my posts about possbility of a small claim court.
anyway, they told me they can't pay me out because it was 3 lanes. I was making right turn. I believe he was driving at the shoulder to go front of me or something, accident occured in during traffic hour 8:30 am. in chicago it's prohibited to take shoulder during traffice hours.
My police reports shows it is other driver's at fault.
My question is how much is it to hire an attorney for this kind of case. so I can visualize how much money I need for this

 

[Wisconsin21]

Pretty much only that they said they'd only be willing to give me $500 cuz they still say its my fault. The witness said I was weaving and speeding throughout traffic which isnt true. I'm still trying to find out what to do cuz I talked to the cop the other day and he said that the witness said I was doing that on someother street. I still wasnt but if she didnt no what happened with this accident then she isnt any help. I'm still trying to find out about a lawyer also even though it says you dont need one for small claims court but it then says if the other party has one, it'd be best if you had one to. But I cant find one that will help me out. I did get a complaint form though that I'm sending to the Insurance commissioners Office and see if that will help. Other then that I'm still getting nowhere with this situation and still out a car but right now I dont have much money to file the papers needed for court or a lawyer so I guess i'm just pretty much screwed!

 

[bijou-MP5]

Pretty much only that they said they'd only be willing to give me $500 cuz they still say its my fault. The witness said I was weaving and speeding throughout traffic which isnt true. I'm still .......the Insurance commissioners Office and see if that will help. Other then that I'm still getting nowhere with this situation and still out a car but right now I dont have much money to file the papers needed for court or a lawyer so I guess i'm just pretty much screwed!

Is hiring an attorney is prepaid or after case is over?
their insurance haven't contacted me for details yet. I didn't have insurance day of accident, now i do. it's not useful.
my mom's friend is insu agent, she was helping me out but she can't go furthur because she's the third party, and their insurance doesn't want to share and discuss case anymore.
what is the price of hiring an attonrney anyway?