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?
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?