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Non-injury Automobile Accident where I was not at fault

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shaundue

Member
What is the name of your state? Missouri, St. Louis

I was in an automobile accident where I was not injured on an interstate highway. Another driver attempted to cut me off at high speed, where we certainly would have collided, but I attempted to swerve out of the way to avoid collision. The other driver had already changed lanes unlawfully to the nearest lane next to me at a high speed, which already raised an alarm, and almost immediately after they attempted to move into my lane. I ended up losing control of my vehicle and spun out until I hit a guard rail on the side of the exit ramp. The front end of my car had sustained a lot of damage while the rest remained intact.

Two witnesses stopped and one managed to call emergency services, while another gave me their information and telephone number before leaving. The other party who caused me to crash stopped further down the road and eventually made their way to the crash site. We exchanged information and waited until the emergency services arrived. Eventually, we both made police statements and my car was towed. According to the officer, the other party said they had insurance, but did not have their information at hand and would bring it to the police station. We were then allowed to leave.

Because my vehicle was newly obtained to my name, I only had insurance for roadside assistance but no coverage for collision at the time, due to the fact that we were unable to pay the amount required until we got more money. Therefore my insurance told me that I could only make a claim with the other party’s insurance who was at fault. This led to me taking a lawsuit route, only to be shut down my a couple dozen search results that only took people who were injured in their accident.

Now, after almost a week has passed, I have called to obtain the insurance information but have been told that it has not been given to them. The contact information with the other party has been unsuccessful in my attempts to receive the information from them as well.

I am just at a loss of what to do. Small claims courts has been recommended to me, but I do believe the cost would exceed the minimum amount. Between having a witness and also having the insurance information withheld from me, it seems like I should be able to have a lawsuit. I am unsure where to go and would appreciate any advice for my situation.
 


Zigner

Senior Member, Non-Attorney
Small claims limit in MO is $5,000, so you'll be under that even if the car is totaled.
 

shaundue

Member
Okay, thanks! How should I go about getting the value of the claim. I’m assuming I cannot just put an amount that I like and would rather need a third party to give an amount to the damage done.
 

Zigner

Senior Member, Non-Attorney
Generally, you'd want to take your car to a body shop and get an estimate. Getting more than one estimate would be wise. At that point, you will know what you have a claim for.
 

zddoodah

Active Member
In addition to what you've already been told, it's likely that service of a lawsuit will prompt the other driver's insurer to reach out to you.
 

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