What is the name of your state? WA
At 2:30pm on a Friday, I was making a right hand turn into a driveway when I was rear-ended at roughly 50 miles an hour. The driver was a 17yr old whose car went underneath my truck and both vehicles were totalled. Both he and I went to the hospital and neither of us sustained serious injuries, only whiplash that subsided in a couple of days. While at the hospital, the responding officer was collecting details and spoke with the kid first. He then asks me if the lights on my truck were working as the kid is claiming that since my truck is old (an 84), the lights must not have worked because he didn't see me. I say yes, i had them on for safety since its a rainy day and the officer agrees with me. Then on Monday I receive a ticket in the mail by the same officer for not having working taillights. Now the insurance company is finding me 40% liable. I have photos taken at the scene of the accident showing the one taillight left in tact on and working, however the insurance company seems to be ignoring these photos. I tried getting a lawyer, but none will take my case as there is not enough money involved.
I hired a lawyer for the ticket who had it dismissed in court based on a paperwork technicality which the insurance company cliams that is not proof that my lights worked and are still holding me 40% liable.
I would like to file a small claims lawsuit against the kid not for the money, but for a chance to prove to a judge that my lights worked. I feel positive that a judgement in my favor will convince the insurance company to remove the liability from me.
Is this a wise course of action? What should I do?
At 2:30pm on a Friday, I was making a right hand turn into a driveway when I was rear-ended at roughly 50 miles an hour. The driver was a 17yr old whose car went underneath my truck and both vehicles were totalled. Both he and I went to the hospital and neither of us sustained serious injuries, only whiplash that subsided in a couple of days. While at the hospital, the responding officer was collecting details and spoke with the kid first. He then asks me if the lights on my truck were working as the kid is claiming that since my truck is old (an 84), the lights must not have worked because he didn't see me. I say yes, i had them on for safety since its a rainy day and the officer agrees with me. Then on Monday I receive a ticket in the mail by the same officer for not having working taillights. Now the insurance company is finding me 40% liable. I have photos taken at the scene of the accident showing the one taillight left in tact on and working, however the insurance company seems to be ignoring these photos. I tried getting a lawyer, but none will take my case as there is not enough money involved.
I hired a lawyer for the ticket who had it dismissed in court based on a paperwork technicality which the insurance company cliams that is not proof that my lights worked and are still holding me 40% liable.
I would like to file a small claims lawsuit against the kid not for the money, but for a chance to prove to a judge that my lights worked. I feel positive that a judgement in my favor will convince the insurance company to remove the liability from me.
Is this a wise course of action? What should I do?