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Chain reaction collision

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Mishiee96

Junior Member
What is the name of your state (only U.S. law)?

My older brother was at a complete stop waiting for the light to turn green when a Honda Odyssey rear ended him. Causing him to hit the truck infront of him. Vehicle A was the person who hit my brother. Vehicle B was my car my brother was driving. And Vehicle C was the truck my brother got pushed into. By the time I got to the accident scene vehicle C had already left, since there was no damage to his truck. My mistake was not calling the police in that moment to have a written statement.

Vehicle A told us not to worry that her insurance (state farm) would fix the damage to my car since she knew she was at fault. A few days later I called her insurance to see if there was a possibility of getting a rental car. Turns out she never made the claim. By the 27th the insurance still hadn't heard from the lady to get her recorded statement. So I called again and told the representative that I had gone ahead and got a representative to help me out since they weren't giving me a solid answer. Finally the claims representative told me that they weren't accepting liability because vehicle A reported a 4th driver. A hit and run. Also stated that the van had already been inspected. It's so frustrating because there was a lack of communication from both parties.

I was advised to take it to small claims court but im not so sure as to who I have to sue? The person who hit my car or state farm? Vehicle A also texted me saying she would like me to get a big settlement out of this. Any advice helps as this is the first accident or situation like this.
 


Mishiee96

Junior Member
Thank you adjuster jack. It took me a while but I finally went to small claims and they gave me the actual court date for early June.
 

adjusterjack

Senior Member
When you go to court make sure you have repair estimates and photos.

And your brother will have to testify as to the details of the accident.

If you try to explain it, State Farm's lawyer will shut down your testimony as hearsay.

What state did this happen in?
What county small claims court are you suing in?
 

Mishiee96

Junior Member
So sorry I forgot, it was in California.

I'm trying my very best to have everything in order so they won't have the chance to decline my claim. So far I have 3 estimates, many pictures. And they also told me to look at similar cars as mine and get print outs of the value of those cars so the judge doesn't rule the car as being a total loss.
 

Mishiee96

Junior Member
My insurance company right from the beginning they told me they couldn't help out since I only had liability.
The lady that hit me also sent me messages saying she hoped we receive a huge settlement out of this experience. Would I be able to use that as her accepting liability for the accident?
 

HighwayMan

Super Secret Senior Member
The lady that hit me also sent me messages saying she hoped we receive a huge settlement out of this experience. Would I be able to use that as her accepting liability for the accident?

No, besides you have no proof of her saying anything even if it mattered.
 

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