What is the name of your state? Ohio
1, The accident happened in Toledo, Ohio.
2, I live in Michigan (that's probably a non-factor).
3, I don't work during the day. So I'm not going to lose any wages if I go to court.
4, I only have liability coverage on my vehicle.
5, I had two passengers.
6, No one was injured.
7, Estimated damages (from someone All State sent out) is slightly under 3,000.
8, I have not sought out repair estimates myself.
9, We did have a witness, but appearently he changed his mind and left before anyone could get his information.
On my way home from work, I was hit by a kid that ran through a red light. He admitted guilt to the police at the scene was cited for running a red light.
Two days later, when I filed the claim with his insurance (All State), I was informed the at-fault driver changed his story and told All State he had the green light. So the insurance adjuster said she would have to speak to the police officer to determine fault.
I waited about a week before reaching out the insurance adjuster again. When I finally got ahold of her, I was informed my claim would be denied since they couldn't speak to the officer that investigated the accident. Supposedly, the adjuster left a message with the police department and the officer never returned her call...
Another week went by without hearing anything from All State... Nothing was finalized yet. I figured the other driver was fighting the citation... However, when I searched for the driver's name in Toledo's online court records, I found out he plead guilty. I took a screenshot of the case information and sent it to the adjuster, and kindly asked for payment to repair the car. The adjuster came back and offered me 70% for estimated repair bill and claimed she can't pay 100% since the police officer never returned her call.
I refused the offer and asked again for 100% otherwise I would seek payment through small claims court. The adjuster didn't budge and claimed they were firm on only paying 70%.
My questions are:
1, The accident happened in Toledo, Ohio.
2, I live in Michigan (that's probably a non-factor).
3, I don't work during the day. So I'm not going to lose any wages if I go to court.
4, I only have liability coverage on my vehicle.
5, I had two passengers.
6, No one was injured.
7, Estimated damages (from someone All State sent out) is slightly under 3,000.
8, I have not sought out repair estimates myself.
9, We did have a witness, but appearently he changed his mind and left before anyone could get his information.
On my way home from work, I was hit by a kid that ran through a red light. He admitted guilt to the police at the scene was cited for running a red light.
Two days later, when I filed the claim with his insurance (All State), I was informed the at-fault driver changed his story and told All State he had the green light. So the insurance adjuster said she would have to speak to the police officer to determine fault.
I waited about a week before reaching out the insurance adjuster again. When I finally got ahold of her, I was informed my claim would be denied since they couldn't speak to the officer that investigated the accident. Supposedly, the adjuster left a message with the police department and the officer never returned her call...
Another week went by without hearing anything from All State... Nothing was finalized yet. I figured the other driver was fighting the citation... However, when I searched for the driver's name in Toledo's online court records, I found out he plead guilty. I took a screenshot of the case information and sent it to the adjuster, and kindly asked for payment to repair the car. The adjuster came back and offered me 70% for estimated repair bill and claimed she can't pay 100% since the police officer never returned her call.
I refused the offer and asked again for 100% otherwise I would seek payment through small claims court. The adjuster didn't budge and claimed they were firm on only paying 70%.
My questions are:
- Besides accepting the 70% offer, what other options do I have before I take this matter to small claims court?
- Who would I sue (the driver or All State)?
- What are my chances of winning the full amount in small claims court?
