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Other drivers insurance wont pay obvious claim

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Bisna

Junior Member
I'm in Sewickley, Pa.

I was in an accident at a four way stop on July 29, 2010 where after letting the three other lanes go, a woman hit my passenger side wheel well with her front driver side corner bumper as I swerved out of the way not having time to sound my horn. Had I not tried to avoid the accident, the damage would've been merely cosmetic in the middle of the passenger side, though hitting the wheel caused $1400 worth of damage. Her insurance refuses to pay on the grounds that the damage is too close to the front of my vehicle to prove who is at fault. The other driver has completely opposite statements of the ordeal(statement to my insurance then 1 to hers) Claiming she saw me stop at my stop sign to my insurance, and telling her insurance she saw me run through my stop sign...why would she continue to go IF she saw me run through the stop sign?? I didn't argue or cause a scene at the accident because it was clear that she hit me and was at fault. Even the other drivers adjuster who made my estimate thought it was very clear and would be over quickly.

So far I've:

Putt ads in our local paper looking for the witness who yelled out to me that the other driver hit me, whose number i didn't get because I thought it was very clear who was at fault.

Left multiple messages for the insurance agent handling the claim from the other drivers insurance to discuss the conflicting statements as well as the trajectory of where I would've been hit had I not swerved to avoid collision. She won't return my calls. Honestly over 18 voice mails in a two weeks time.

I'm getting both of our statements transcribed by MY insurance for small claims court. I have not yet requested the statements from her insurance, my agent advised me of the other drivers discrepancies, as she has read them.

Since I believe the other drivers insurance company can't have their high powered, expensive attorney present in small claims, I think I have a chance to have justice.

I'm writing a letter to the other driver advising her that I will have no other option other than to take her to small claims court for the damages.

On a side note, I don't want to do this. She is an elderly woman, she was confused(after she hit me she was asking "who hit who?"); but I don't have the funds to fix it myself. I'm a stay at home dad with two small children collecting unemployment(which just ran out actually), and I didn't have collision coverage on my car(can't afford). I need the vehicle to now find work and get there, get my kids at school if they're sick or in an emergency.

Do I have a case?
How do I go about filing for small claims?
How much does it cost?
 


ecmst12

Senior Member
Without a witness I don't think you have much of a chance in small claims court. Burden of proof will be on you.
 

Banned_Princess

Senior Member
the witness would need to have been documented of being on the scene, with a police report.

If you sue the driver for the accident, the insurance co will certainly send a representative.
 

Banned_Princess

Senior Member
I'm in Sewickley, Pa.



Do I have a case?

How do I go about filing for small claims?

How much does it cost?
you might have a case, but the ins lawyer will also come up with a case.

please note this website...

http://www.aopc.org/T/SpecialCourts/


that site is where you can find the court cost. or you can request the fees be waived.
 

HighwayMan

Super Secret Senior Member
the witness would need to have been documented of being on the scene, with a police report.
That's not true. A witness passing by on the street is not necessarily going to be documented on a report. That does not invalidate their value as a witness.

Many times witnesses do not come forward until after the accident.
 

Kiawah

Senior Member
I suspect two vehicles with front fender damage, are going to end up splitting in some proportion the total damage cost of both vehicles, effectively saying that both drivers are at fault and contributed to the wreck. You could end up with a claim against your insurance.

I would never assume anything is an 'obvious claim' as to who is at fault. I just recently had a situation where a guy hit my right rear (behind rear wheel), with his left front (forward of his front tire). The insurance companies were trying to assign partial blame to me. Had I not been able to prove that he was doing an illegal lane change (impartial witness and photo's), who knows what the outcome would have been.
 
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Mass_Shyster

Senior Member
Since I believe the other drivers insurance company can't have their high powered, expensive attorney present in small claims, I think I have a chance to have justice.
If attorneys are not permitted in small claims court in your jurisdiction, the insurance company will simply remove the case to the trial court (or whatever is the appropriate court in your jurisdiction).

You cannot deprive a party of the services of an attorney.
 

xylene

Senior Member
One reason to go to small claims court is that through the testimony one party will effectively admit their fault through statements that they believe are a defense.

"I swerved into the lane to get out of the way..." those kind of statements.
 

JustAPal00

Senior Member
She was to your right. In every state I'm aware of, you are required to yield the right of way to drivers from the right. If she came to a complete stop, she then had the right of way. It doesn't matter how long you were sitting there.
 

justalayman

Senior Member
the party to the right has ROW only if there is a question of ROW (both parties stop at approximately the same time). If the OP was fully stopped before the other party stopped, OP would have ROW.
 

Bisna

Junior Member
That's not true. A witness passing by on the street is not necessarily going to be documented on a report. That does not invalidate their value as a witness.

Many times witnesses do not come forward until after the accident.

True, now I only have to find her ;) Which is doubtful. What is disheartening is that I had a similar accident at a four way stop a couple of years back where I did have a witness, and she was even on the police report, and the other drivers ins co was only going to pay half because I supposedly "knew the kind stranger behind him", now there were some words about this and they paid 70% in the end..now guess which ins co it is this time...same slime.



I suspect two vehicles with front fender damage, are going to end up splitting in some proportion the total damage cost of both vehicles, effectively saying that both drivers are at fault and contributed to the wreck. You could end up with a claim against your insurance.

I would never assume anything is an 'obvious claim' as to who is at fault. I just recently had a situation where a guy hit my right rear (behind rear wheel), with his left front (forward of his front tire). The insurance companies were trying to assign partial blame to me. Had I not been able to prove that he was doing an illegal lane change (impartial witness and photo's), who knows what the outcome would have been.
Well had I not swerved last second it would have been her front end and my passenger side middle,which I would think would be very black and white to fault, but you're right ins co's are brutal. At this point after all the hassle, I would gladly take partial blame, get 50% and be done with it.

I'm surprised you got rear ended and they still tried to put blame on you, rear hits are pretty clear, though it wasn't back to front so, i believe it.

If attorneys are not permitted in small claims court in your jurisdiction, the insurance company will simply remove the case to the trial court (or whatever is the appropriate court in your jurisdiction).

You cannot deprive a party of the services of an attorney.
No, you misunderstand; I'm not taking the ins co to trial, naturally a guy whose family is living paycheck to paycheck can't to take a fortune 500 insurance company to small claims; on what grounds? They just closed the case and aren't paying, they're out of it. I'm asking about taking the woman who hit me to small claims court, where one can't afford attorneys(like those cable judge shows) for property damage. A judge would be impartial to any specific party and just hear the facts, unlike an ins co looking out for their insured and business. I'm by no means trying or even implying to deny an old woman her legal right to an attorney.

One reason to go to small claims court is that through the testimony one party will effectively admit their fault through statements that they believe are a defense.

"I swerved into the lane to get out of the way..." those kind of statements.
"I swerved into the lane to get out of the way..." Wow ya that would be a stupid defense huh?

Luckily I was swerving to try to avoid the lady who hit me anyway. I actually didn't make it to the other lane before she hit me...though the car in the lane i was headed after swerving happened to be my witness(whose information I unfortunately didn't get).

No we were going to collide regardless, I was hoping in that split second that she would quit looking in the opposite direction and notice the car in front of her(mine) and stop

She was to your right. In every state I'm aware of, you are required to yield the right of way to drivers from the right. If she came to a complete stop, she then had the right of way. It doesn't matter how long you were sitting there.
Yes I'm very aware of traffic laws, I'm the guy you beep at because I won't take my turn until there's no one in sight(at a turn that you're referencing). I am a ridiculously cautious driver.


I'm sorry if I didn't give a proper picture of the situation. Let me start fresh. This was a FOUR WAY STOP; I was heading South going straight through the intersection, the other driver was traveling East heading straight through the intersection. I stopped at my sign and let the three other lanes go, I then proceeded to drive through the intersection, when midway through I saw the other driver coming toward me on the passenger side, she was looking in the other direction and I believe had no idea I was right in front of her. My only thought was to avoid the pending collision, so I swerved (or "turned", if it sounds less reckless) to the left; well in doing so, her driver side corner bumper ironically hit my passenger side wheel dead on. The woman traveling North towards me yelled out her window to me "She hit you man", "Thanks I know" I said, without asking her to stick around for the police or getting her info(1st mistake). Me and the other driver got out to inspect, she was asking "who hit who?" "Lets just let the ins co handle it" I said(2nd mistake) Thinking that she hit me, this is very clear, her insurance will pay liability, I don't need to be one of those pricks you see getting out of their car cursing at the other driver.

So we pulled over in a small parking lot a few meters past the intersection going south. I called 911 and alerted them of the accident and they said they would send an officer. Wait twenty minutes, call again and get transferred to the police, who told me they did get the call but didn't send anyone out because 911 told them both cars were drivable, we were exchanging ins info, and there were no injuries. So the officer gets there and fills out a basic "He said, She said" report. We drive away(well she drove away, I put on my flashers and took 10 minutes to go 3 blocks back home, making enough noise to wake the dead)

If I only would've asked the witness to stick around, I'd have had a witness. If I only would've calmly told the other driver that I saw her looking in the opposite direction and she hit me; she might have apologized and admitted that to her insurance and this would be over. (Ya I have a bad case of the "Should've would've could've" over this)

So I call her ins, file a claim and give my statement, and the same for my ins. Couple days later, her insurance sends out an adjuster to make an estimate of the damages to my car; she puts the damage at $1400 because my cradle is busted, she agrees with me that it's very clear who was at fault based on the damage and it should be over very quickly. I call her insurance back a few days after that and they tell me they're not paying a cent...I'm truly shocked. Turns out the other driver told her insurance that she saw me run through the stop sign. After that, her insurance company itself wouldn't return my calls or discuss it any farther.

Here's where I have some questions:

She gave a statement to my ins as well, where she said she saw me "STOP" at my sign and then she went...now remember she told her insurance the exact opposite, that she saw me run through my stop sign. So her statements don't match and contradict one another, plus...IF she saw me run through the stop sign(she didn't of course) why would she keep going? Doesn't that admit in itself that she is at fault? If she saw me run a stop sign and willingly collided with me?

Now of course everyday Joe cant afford a high powered attorney nor do I have any grounds to take the ins co to court anyway(they just won't pay...that's their business) So my only option is small claims court where I and the other driver would present evidence, give testimony, and let a impartial party decide whose at fault.

Since I don't believe the insurance company will be involved, will the contradicting insurance statements be permissible as evidence?

Most of this I could probably just ask the local magistrate where I'd file anyway, but I wanted to get opinions. Thank you for the feedback.

Travis
 

ecmst12

Senior Member
If you sue the driver, her insurance company will provide for her defense. They are required to. They can't just deny the claim and walk away!
 

You Are Guilty

Senior Member
If you sue the driver, her insurance company will provide for her defense. They are required to. They can't just deny the claim and walk away!
Just for accuracy's sake, yes, they absolutely can. (That is where all the breach of contract and bad faith suits against carriers come from). However, as a practical matter, they are very, very unlikely to do so in a small auto accident case.
 

JustAPal00

Senior Member
the party to the right has ROW only if there is a question of ROW (both parties stop at approximately the same time). If the OP was fully stopped before the other party stopped, OP would have ROW.
If two vehicles are stopped at a stop sign, the one to the right always has the ROW.
 

ecmst12

Senior Member
That's not correct, as JAL already explained.

At any rate, the chances of winning in small claims court without a witness are low. The burden of proof is on you and all you have is your word vs hers. That's why the insurance company denied the claim - because they are confident that if it went to court, they would be able to successfully defend their insured.
 

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