What Next?

[sittinpretty]

What is the name of your state? MI
I was broadsided by a woman that decided to create her own right turn lane. We were on a busy freeway service drive at rush hour, so we drove up the road to a safer area to exchange info and check damage. My damage was far more extensive than hers. She admitted fault and we were on our way. We did not call the police because we knew that they weren't coming out for a simple MVA. The next day I tried to reach her by phone to let her know that I was going to file a police report and to see if she wanted to accompany me. No answer. Police report was made without incident. I filed a claim with my ins co and my car has been repaired. I was told by HER adjuster that I could be reimbursed my deductible once SHE was interviewed and fault was determined. She has not responded to any calls or certified letters from her adjuster and they will not accept my report as proof because she was not present when it was made. This leaves me on my own to persue a claim. Am I legally obligated to notify her first, or can I just sue her?

 

[grantclan]

check with courts

We were sued for deductable and we were notified that we could contact the company in this case, and agree to settle without going into court. Call the court you will be dealing with to check if it can be done that way. You would be going to small claims so you won't need a lawyer and if she does not show you can ask for court costs and money lost at work. If you win the award you may have to try to get the money from her. Sometimes thats the hardest part. Good luck