What is the name of your state? IL
I had a car accident a month ago at an intersection. I was driving west bound and the other driver was in the opposite direction (east bound) waiting at the left-turning lane at the intersection. I had green light all the way. When I was already close in at the intersection, the other driver made a sudden left turn. I was totally unprepared. Honked and braked, but it was too close. She didn't make it. Both cars were damaged. Mine was mostly totalled. A witness was driving right behind me and kindly stayed until the cops came. The other driver told a lie to the police officer by saying the traffic signal was yellow turning red, but both I and the witness confirmed it was green light. A ticket was issued to the other driver.
I don't have collision coverage with my insurance (State Farm), only liability. The other driver's insurance company is a substandard insurance, hard to deal with. When the other driver reported the accident to her insurance, she again told the same story (yellow turning red). So her insurance denied my claim, saying I was running under a red light.
Somehow the police report didn't contain the witness statement. After talking to the police officer over the phone, he sent me a short letter saying that the witness said it was a green light, and that he determined the other driver was at fault. But the insurance company still won't listen.
Now that insurance company is blaming me 100% responsible, and threatened to sue me unless I pay their client's car damage within 30 days. I contacted my insurance company yesterday, but not sure what they'll do.
In any case, I don't expect my insurance will do anything to recover my loss. Do I have to bring this to a small claims court? Would the police officer's letter be enough as my evidence? I tried to contact the witness but she didn't respond so far.
I have been talking to the other driver's insurance during the past month but I don't see I'll get anything from them. Is there anything else I can do other than sending a final demand letter to the other driver and bring this to the small claims court?
I complained this to the dept. of insurance of IL becaues the insurance company refused my request for them to talk to either the witness or the police officer, but that turned out useless. It's a big stress & hassle. Any help/suggestions would be greatly appreciated. Thanks!