Expert: Richard Hixenbaugh - 4/30/2009

Question
hi richard,
I had auto accident two months ago. Police gave citation to other driver for following too closely.Police report says both car is slightly damaged. I have only liabilty coverage on my car so i filed a claim to other driver's insurance company. After few days i got letter from that insurance company that they deny this claim because other car is not damaged at all so we feel all your damage is pre exesting. I have one tail light broke in pre exesting damages but rather that everything is fine. Now after this accident my trunk is damaged and alliment of doors has gone so they stays open. I got estimate from acura dealership ($7800).

I hired lawyer after i received that denial letter. I dont know what he has done for this last month in paperwork but he called me yesterday and told me that he can not pursue this case because insurance company keep denying this and he is not interested to go for trial for few thousand dollars. I talk to other lawyer and he said he can do my body injury but for car matter i have to do myseft.If insurance company accept this case then he will do body injury...

I'm stuck now....i dont know what to do and how to proceed and where to go...

Please advice me...i would be really appriciate that.
Thank you.


Answer
Hi Danny,

This is a tough situation. About the only thing you can do is to file a law suit. If you can not find an attorney to represent you, you can try to represent yourself. You would bring to court the police report, you may also need to have the police officer come as well. You will need the repair estimate and photos of the damage. Then you explain the situation to the judge and hopefully he/she will find in your favor. Unfortunately, there is not much more you can do.

I hope this helps
Richard Hixenbaugh