Will Other Insurance Company Bring Damage Estimate To Court?

Hello. I live in New Jersey and was in an accident a few months back. The police report clearly indicated the other driver being at fault but his insurance company denied my claim saying the fault did not all lie with him. I only had liability insurance on my end, so my insurance did not pay out. HIS company went to my car prior to the claim denial and did a damage estimate, saying the car was totaled and telling me the market value by phone (then later denied the claim).

After speaking to a lawyer, I recently decided to bring them to court because there appears to be enough evidence in my favor. What I am concerned about is that the only estimate of the damage was done by the other person's insurance company, so I am wondering if they will legally have to disclose the estimate that they made or if they can keep it hidden and say that I have no basis on which to say how much $ worth of damage my car sustained. Thanks for any help!

You can use the estimate given by the insurance company but you would be much better off supplying written estimates provided by local shops not associated with the insurance company.

First off, police don't determine fault. They may have issued the other driver a ticket but only a court can determine fault. You need to have an estimete of your own. How can you determine how much your car was damaged if you don't have an estimate. Since you are bringing the suit, they will only need to produce their estimate in defense.

JustAPal00 said:

. You need to have an estimete of your own. How can you determine how much your car was damaged if you don't have an estimate. Since you are bringing the suit, they will only need to produce their estimate in defense.

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ditto.

If you do not bring proof of the value of the damage, you cannot support a claim for any damage. As the plaintiff, you must prove your case and that means you bring evidence that supports your claim.

or if they can keep it hidden and say that I have no basis on which to say how much $ worth of damage my car sustained.

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bingo!!!


so, what's the problem with you going and getting a couple estimates?

The problem is that after my claim was denied I sold the car for a few hundred bucks because I thought I had no choice. It wasn't till after a friend of mine who is a lawyer said I had a case that I considered the fact that I'd need an estimate. The original shop that I went to did give me a rough estimate at the time, I suppose I should go back there and ask them if they'd be willing to put in writing how much they felt the damages were. I suppose I could also try to subpoena the other insurance company's estimate before the court date

How much they felt the damages were is meaningless. Either they give you a valid estimate or they don't. Since the car is now gone, any estimate they give will be contested.

I suppose I could also try to subpoena the other insurance company's estimate before the court date

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You could but you won't get anything. You must prove your case. If you can't, you cannot win. So far, you aren't going to win based on your available proof.