Possbility of a small claim court

[bijou-MP5]

What is the name of your state? IL

I have posted thread here about my accident few weeks ago.

The accident occured in while I was making right turn. It was green Signal. Car hit me from rear back end above tire slided all the way to front passenger door.
It was one lane road, but it was wide enough to 2 cars travel same time.
I claimed this accident to his(Geico) insurance comp.
I got my damaged quoted several places and came out $3000min~$4000max. the other driver was from new york, he recently moved to chicago area.

And of course we filed police reports. It shows it's his fault. In IL whoevers in unit one vehicle in police reports is at fault. I was unit 2. however besides that information, there's no written description of accident wrote by police since it was no just regular accident and no injury occured.
anyway, their insurance adjuster sent out diff adjuster to take pictures of road. Now, they are claiming it's 3 lane road. I called local police station near where accident occur, he said it's 2 lane road that one for left turn and one for going straight or right turn.

I don't think there's no way I was at fault, I mean my point is that it doesn't really matter if he actually hit me from back or rear end.
he was driving behind me and hit me. I belive it is "failure to control speed / distance" I think most states favors this traffic law. anyway, he should of always have enought space in between him and other drivers to stop always right?

do you guys think his insurance comp will claim me for damages? trying to saying that I was at different lane and trying to make wide right turn or something like that.
I've searched about a small claim court in this forum and my question is if they decide not to pay me, I have to claim to other driver right not his insurance company and how long does it take when I ended up in small claim court?

 

[bijou-MP5]

bump...
no one?

 

[djohnson]

I'll give you my opinion for its worth and maybe someone else will answer and correct me if its not good advice. I would claim to my own insurance company and let them fight it out with the other persons insurance. Thats what your insurance company is for so let them do their job.

 

[bijou-MP5]

I'll give you my opinion for its worth and maybe someone else will answer and correct me if its not good advice. I would claim to my own insurance company and let them fight it out with the other persons insurance. Thats what your insurance company is for so let them do their job.

Thank you for your reply djohnson
My agent is observing pictures received from other insurance company.
I know, I have to be little more patient, but can' t take false crap from other insurance comp.
why do they arguing about how many lanes at the road? no matter what other driver was driving behind me.
this is so sad.

 

[djohnson]

I dont know why they are arguing the point of how many lanes are on the road but I can speculate to say if its three lanes then they will say one was a right turn only and you turned from the wrong lane therefore possibly putting you at fault. The insurance companies all want the other to pay and sometimes it can be a long drawn out process, however, there isn't alot you can do but sit and wait til they fight it out. I would let my insurance company handle everything though and not contact the other. It could cause other issues if you and your insurance company were not on the same page. Good luck

 

[bijou-MP5]

I dont know why they are arguing the point of how many lanes are on the road but I can speculate to say if its three lanes then they will say one was a right turn only and you turned from the wrong lane therefore possibly putting you at fault. The insurance companies all want the other to pay and sometimes it can be a long drawn out process, however, there isn't alot you can do but sit and wait til they fight it out. I would let my insurance company handle everything though and not contact the other. It could cause other issues if you and your insurance company were not on the same page. Good luck

It was wide road, but no white strips to divides how many lanes there. there are 2 cars driving same lane. you are right aobut putting at my fault. since the car didn't hit me from back and instead hit me from right rear end and slided all the way to front.
they are claiming that unless their driver was trying to go over the shoulder(pedstrian road) it can't be happen. I can't really tell where other driver came from. one thing for sure is that I was almost finished making right turn and boom.
so basically i have to wait huh?

 

[bijou-MP5]

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

 

[djohnson]

I dont know what kind of insurance you have but most insurance companies will handle all that including legal action against the other insurance company if it comes to that. Why would you need an attorney? And like everything else the price could be way different depending on who you go to and what all you want them to do.

 

[bijou-MP5]

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.
so my last option is take this matter to court.
thank you for your help .

 

[djohnson]

That makes a big difference. I do not know about your state so I would look up the state law but I do know in Tn if you have no insurance you are automatically at fault and can pay big time plus its the law. I would go get an attorney and hope it works out.

 

[bijou-MP5]

That makes a big difference. I do not know about your state so I would look up the state law but I do know in Tn if you have no insurance you are automatically at fault and can pay big time plus its the law. I would go get an attorney and hope it works out.

Our states doesn't relates no insurance with who's at fault
drivers without insurance will pay fine and maybe end up of suspension of license.
but didn't get any ticket from police when we were filing police reports at police station.
oh, btw, in chicago area we have to go to police station to file up the police reports, they don't come to file up police reports. unless accidents occured in surburbs area,
Should I go for Find a Lawyer link above?

 

[djohnson]

yep, you can bet their insurance is going to do everything in its power so you really should I think at this point. Was the other person hurt ? Are they going to due for that also?

 

[bijou-MP5]

yep, you can bet their insurance is going to do everything in its power so you really should I think at this point. Was the other person hurt ? Are they going to due for that also?

no injury occured.
I also believe they are going to make me pay for their client's damage.
I'm going to wait until their insurance company adjuster contact me personally and while I'm waiting I will find more resources to back me up and discuss this matter to few different attorneys.
are they going to send out their comp's lawyer? are they any good?
should I go for big law firm? or just regular ?
ahh...so many questions... sorry about that.

things to be prepared in advance: police reports, my car damage pictures, damage quotes from bodyshop...what else are there?

 

[zappy]

I also believe they are going to make me pay for their client's damage.
============================

UH DUH Bijouuuu........

You should EXPECT to be sued, so Today....you had better tighen your belt as tight as you can sqeeze it.

NO more eating out, learn to cook and take your lunch to work, no more drinking and drugging, or smoking cigarettes, no more wastful spending on anything... No SHOES Dresses, NOTHING....PERIOD!

So when the time comes to pay up, you will have the money and avoid a lawsuit, and hiring a lawyer...

Just some practical advice....also can you move back home with your parents so you wont have to pay rent?

You KNOW you will have to get HIGH RISK insurance and pay a fine BEFORE they will give you back your license, so have you gotten used to riding the BUS, and Pubilc transportation?

 

[bijou-MP5]

hey zappy, why do you always give ppl negative advices?
I may asked stupid questions, but it doesn't mean i want stupid answer.
If you can't give out positive advices then don't reply.
I'm having really hard time here, and of course I've learn my lesson.
also, it is not really good idea to hurt ppl by negative advices.
but thanks for having interest anyway.