rear ended

What is the name of your state? CA.
I was rear ended and do have insurance as well as the other party. The other party is not responding to any calls or messages from either insurance company. The other party's insurance says they cannot pay out without the other party's consent or admission that they were in an accident. My insurance carrier will not pay for my damages of $600 because the other party has insurance. My insurance, Farmer's says that I need to sue the other party and they will probably then contact their insurance. How do I go about suing someone for $600 without getting an attorney and paying fees? I just want my car fixed. Please help.

[HomeGuru]

Originally posted by goldeemadrigal
What is the name of your state? CA.
I was rear ended and do have insurance as well as the other party. The other party is not responding to any calls or messages from either insurance company. The other party's insurance says they cannot pay out without the other party's consent or admission that they were in an accident. My insurance carrier will not pay for my damages of $600 because the other party has insurance. My insurance, Farmer's says that I need to sue the other party and they will probably then contact their insurance. How do I go about suing someone for $600 without getting an attorney and paying fees? I just want my car fixed. Please help.

**A: you have idiots for an insurance company.

[RunningOnEmpty]

I must assume that you do not carry collision coverage, but do carry uninsured motorist property damage coverage.

Your insurance company will not pay under the uninsured motorist property damage coverage for your damages, because the other party has insurance, and is not, therefore, an uninsured motorist.

The other reason that your insurance company might not pay for your damage is that you carry collision coverage, but your collision deductible is more than your $600 damage.

Many carriers, such as CSAA will not pay a claim unless they personally speak to their insured to verify the facts of the accident. (It doesn't matter whether or not their insured refuses to communicate with them). Other companies will send their insured a certified letter with return receipt requested, stating the facts that were reported to the company and advising they will assume that their insured agrees with these facts unless the insured contacts them within the next so many days.

If this is the case, and you receive a formal denial letter from the responsible party's carrier, you would have to pursue the matter in small claims court. If you receive a judgement against the responsible party, his insurance company has to pay you, whether they spoke to him or not. Whether they agree or not.

[smorr]

RunningOnEmpty - wouldn't the insurance pay anyway considering it's a rear end accident? (assuming he has less than $600 deductible of course). I live in Massachusetts - most rear end accidents end up being the fault of the person who hit the other from behind. I've seen some wild cases of people who sue others for hitting them from behind and it was nothing more than a tap. Considering today's vehicle repair costs I would think $600 is very minor damage. (I work in an insurance defense law firm)

Your advice about small claims court seems the best option for this person - they'll pay the least in fees themselves - and depending on the state they're in, they can request treble damages (three times the amount of the original damage claim for those who don't know the lingo) plus court costs!