I'm Not-at-fault, their insurance is unwilling to pay

What is the name of your state?----------Georgia

A kid hit me while trying to make a left-hand turn in front of me (both vehicles damged extensively). I had the right of way. I was in the right-hand lane on a two-lane road going in EACH way (4 lanes total) headed north. The kid was going south and was in the left-hand turn lane with a red arrow (or no green arrow). He hit me pretty much in the middle of the intersection, and into a taxi-van (minimal damgage only knocking front-bumper off) that was sitting at the light (headed WEST-BOUND).

No police witnessed the accident, and there were two civilian witnesses. One is a taxi-van that was sitting BEHIND THE TAXI-VAN THAT WAS HIT. The second is a girl that was in a gas-station that was on the corner of the intersection. They give confliting stories. I found another witness later that was sitting across the intersection from the taxi-vans headed EAST (opposite direction). There were too many people in the parking lot gauking, and they could not easily get to the gas-station so they drove on after their light changed and were not able to give a statement to police. Police got statements 20 minutes afterwards from the two witnesses. The taxi-van said we both ran red-lights and the police gave us both tickets for that, and gave the kid who hit me (making a left-hand turn) another ticket for illegal/improper left-hand turn.

I went to court to fight the ticket, because the light was not red. It turned yellow as I was already in the intersection. I was sure the taxi-van must have heard the wreck, realized what had happened, and seconds later looked up and saw they had a green light. In court, the taxi-van driver gave a different story from what was already in the police accident report, and I guess from what he had already said. The kid who hit me was supposed to be there, but he didn't show up (nor did the 3 or 4 kids in his car). The girl witness in the parking lot had moved and could not be reached either. So three people showed up in court. Me, the witness I found by advertising in the paper about the date/time of accident, and the taxi-driver who either did not really see what happened or was completely lying. I made the taxi driver look completely foolish, and won the court case, so my ticket was dropped. I now have NO fault or cause of the accident what-so-ever.

I sent proof to the insurance company of the kid who hit me. We had already determined the car was totaled & approximate value months ago. They could not get a hold of the kid who hit me (THEIR INSURED). I'm not sure if they ever did, since he didn't even show up at court. Even after I won, they were still unwilling to admit that he was at-fault for the accident (and unwilling to pay). EVEN THOUGH HE HAS TWO (2) TICKETS (DISREGARD OF TRAFFIC CONTROL DEVICE & IMPROPER/ILLEGAL LEFT_HAND TURM).

I've been wanting to talk to a para-legal, or an attorney, but have been unable to find one since I was not injured (nobody else in any of the cars were either). We all got lucky there!

How/where can I find an attorney that will handle this type of case, or do I need to file a small claim court case against the insurance company? What should I do, and what advice can you give me?! Thanks!!!!!!!!!!!!!

In cases like this, it is usually "a you pay for yours and she pays for hers" since no one can come up with a story that matches.

Call your insurance company and file a claim on your collision as she will have to do also.

Good luck.

djpsychosomatic said:

How/where can I find an attorney that will handle this type of case, or do I need to file a small claim court case against the insurance company? What should I do, and what advice can you give me?

Click to expand...

First, your post is confusing in that you claim 'no-fault', yet apparently witnesses feel you either were, or share some of the fault.

In any case, your only recourse is to sue the other DRIVER. Your post isn't clear as to whether he can even be found to serve with notice of your suit and if you can't find him, you will have some 'other' legal challenges to face. Needless to say, this is NOT going to be easy.... or simple. You need to at least TALK with an attorney. Contact your local (county?) bar association and ask for a low-cost referral. Most will provide a 30 minute 'consultation' for less than $50. Find out what options you have.

Also, I am sure you can find an attorney, only not one willing to pursue this on a contingent fee basis, due to the facts of your claim. You may need to pay for this one.... or try to pursue on your own.

One item you didn't provide is.... where is YOUR insurance in all of this???

I just have liability insurance. Collision /Comprehensive would cost me $2,000 a year. The vehicles I buy only cost $6,000. Not worth it after a year or two.

Two witnesses agree that I was not at fault. The one who thought it was a red-light was shown in court to be lying or completely unsure of what happened as everything they said was the opposite of what EVERYBODY else said.

The police gave me a ticket based on the witness above (saying we both ran red lights). I was found NOT-GUILTY in court, so I would then not be at-fault right? Meanwhile, the other driver did NOT show up to court (even thought he had subpoena to come). Plus he has two tickets (red light and illegal/improper left hand turn).

Why can't I sue his insurance, since it was his fault. That is what he paid insurance for. My chances of finding him are slim-to-none. He obviously doesn't care about laws or he would have come to court; or he probably doesn't even know that much English or know what's going on.

I know this is somewhat off the subject but it relates to insurances. When my brother was killed (please, no I'm sorries, have had enough of them to last a life time) the guy who was driving (not guilty of anything) his insurance refused to cover the funeral costs, etc. So my mom sued the drivers insurance company and won. You never know how lucky you might get. I'm just glad to hear no one was hurt.

My car was only worth about $5,000-$6,000 including new parts and things I put on it. I am going to sue the insurance company for the worth of my car. I was found not-guilty and the ONLY one witness that said I was guily, lied about everything in court, and I showed the court-room that. Everything he said completely contradicted the Police Report, and what he originally said. What is the small-claims limit in GA. Does anybody know? What type of court do I need to file in? The insurance company is down in Fulton County, so I know I need to go there. Thanks in advance!

i think the small claims is either 3k or 5k (im in dekalb co). there should be a link on this website that may tell you or you can check out findlaw.com. i myself was involved in an accident on 8/21 a dui (going southbound) crossed over the divider into my car head on (i was going northbound). that sucked cause my head, neck, and back hurts and he totalled my car

Sorry to hear that! I have two witnesses that agree with me on what happened. Since the total worth is more like $6,000, where would I need to file?

I've read through a bunch of links, and it helped some. Can I sue the insurance company AND the driver who hit me with two different claims? Or can I sue them both together in one?

you only sue the other driver and the owner of the car he was driving (if a different person). you dont sue the insurance company.

What if he won't show in court?

I don't get it? He wrecked my car (initiated the accident) his insurance should pay for my car. That is why he has it. Why do I sue him and not the insurance company? The insurance company is the one that should pay.

djpsychosomatic said:

Why can't I sue his insurance, since it was his fault.

Click to expand...

Because his insurance company was not driving the car, was not at fault, and has NO involvement with you.
Your ONLY claim is against the 'at-fault' driver. That driver then has HIS/HER insurance company to insure them... no you.

djpsychosomatic said:

I don't get it? He wrecked my car (initiated the accident) his insurance should pay for my car. That is why he has it. Why do I sue him and not the insurance company? The insurance company is the one that should pay.

Click to expand...

Note true. The way it works is.... you sue the other driver. If the court finds that the other driver was at fault, they order the DRIVER to pay you. Because the driver has insurance (to cover his 'costs' if at fault), the insurance company steps in and pays the judgment.... as part of HIS insurance coverage.

Lets try this a different way.... lets say that YOU are at fault in an accident. Would you expect the damaged party to sue YOU or your insurance company??? Of course, they would sue YOU as it is YOUR conduct that caused the accident. The insurance company wasn't even at the scene and therefore has NO direct knowledge of the cause or facts of the accident..... YOU do.

Got cha. Thanks. What happends if he doesn't show up to court? Is he automatically found guilty, and then will I still get money from the insurance company?

djpsychosomatic said:

What happends if he doesn't show up to court?

Click to expand...

Here is where it gets fun.
First, you have to serve him with notice of the lawsuit as required by your state laws. If you manage to get service on him in person, then he doesn't show up, then you can get a default judgment against him.... and his insurance company will have to pay (within the policy limits).
However, if you have to serve by 'publication' (not personal service).... it gets confusing. You have to send a copy of the publication affidavit to his insurance company. They then have the option of answering the lawsuit on his behalf.... or ignoring the notice. If they answer, then they will be liable for the judgment (again, within limits). However, if they ignore the notice, then they have no obligation to answer.... or pay and your judgment would go against him personally.

Is he automatically found guilty

Click to expand...

No. You would still have to prove your damages and provide proof to the court that he was served with proper notice of the lawsuit. Oh, and there is no GUILT in a civil trial.... only liability.

[quoteand then will I still get money from the insurance company?[/QUOTE]
See above.