Expert: Bennie719 - 3/24/2008

Question
hi,i was involved in a hit and run accident. at the time of the accident i was stationary at the lights, when a speeding driver went in to the back of me and drove off. i managed to get his licence plate and reported the accident straight away. naw i have a problem with the other drivers insurance company due to "THE DAMAGES DO NOT MATCH", meaning the other driver has repaired his vehicle and he's saying he only bumped my vehicle lightly. i have extensive damamage to my vehicle they put it under "TOTAL LOSS". Its been two months since the accident and im suffering with out a car, ive called them several times and they are saying they are not paying me for any damages,is there anything else i can do to push this claim further thanks...

Answer
Hi James,
This is the weakest excuse that I have ever heard.  Of course "the damages do not match".  Depending on how hard the other car was applying his brakes, the front of his car would 'dip' 2-4 inches.
When both cars are parked on a level area and measurements made, his most major damage will be 2-4 inches higher on his car as opposed to the measurements of your car.
Some insurance companies will do and say almost anything to avoid paying a claim.  I assume that you do not carry collision, which means that your own company can't fight for you and the other company is using this fact to their advantage.
It appears that your only option left is to secure a copy of the police report and two or three valuations of your car and file small claims court action against the other driver.
This may mean that you will have to hire an attorney.
Only eight states specifically prohibit an attorney in small claims court.  Thirty-seven allow attorneys any time and the balance allow attorneys "under certain conditions".
If an attorney is allowed in your state, the insurance of the other driver will provide him an attorney for free to fight your claim.
If these conditions apply, without your own attorney, your chances of winning are slim.
Sent me a follow up and tell me your state of residence (and the state where the accident occurred, if different) and I will explain the small claims laws of your state.
I hope you found this information to be helpful.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area