Expert: Anne - 6/3/2009

Question
My daughter was traveling straight through a green light and another vehicle turned left in front of her causing $4,500 damage to our car. Problem is the other person now claims she too had a green light. The other insurance company is denying our claim. My daughter only has liability. What chances do we have to get the insurance company to pay. If we go to small claims it's her vs. the insurance company lawyer? Can we get an attorny to represent us outside of small claims court?

Answer
Hello Vince,

I am sorry to hear about your situation.

You have several questions here, so I will address each separately.

Your insurance company must evaluate your damages and your liability and see if you are at fault. They must contact witnesses, get police reports, work with recorded statements and basically try to find out the truth. If they cannot, then they must believe you (your daughter had the green light). This will probably be a word v. word dispute where the insurance companies will end up in arbitration. For more information about that process, please see: http://www.auto-insurance-claim-advice.com/mandatory-arbitration-1.html

You can decide to go to small claims except that your damages might be too high. Some states have small claims court limit of $4,000. You can still go if your state has a low limit, but you will only get that limit as the maximum recovery (if your damages are $4,500, you can only get $4,000). You will also have to argue and have the other party defend, this can be a difficult process. For more information about small claims please see:

http://www.auto-insurance-claim-advice.com/small-claims-court.html

If you go to small claims court, no adjuster or lawyer will be admitted in court. It will be your daughter against the other driver - that is it. Your insurance company will only defend you if you are suit in a court of law (not small claims). They will not hire an attorney for you to go after anyone.

I hope this helps,
Anne
http://www.quirogalawoffice.com/