Expert: Doctor Settlement - 3/31/2007

Question
Ok, I was in a small accident a couple of weeks ago.. Traffic was bumper to bumper barely moving after a toll plaza getting off a highway... I was trying to get into the right lane, the party I got into the accident with wouldn't let me in.. He got very close so I stopped so he could go.. He slowly goes right into my front passenger fender.. We pulled over up the road and looked at our cars. I had a small scratch.. He had nothing. I was running late for a business meeting and couldn't wait for police or a police report.. I just got all his information. The next day I called his insurance company and filed a claim.. Shortly their after a estimator came from his insurance company and looked at my car. She said the damage is worth $900.00...She was saying I would see the check soon, etc... A few days after I get a letter saying my claim was denied because we have conflicted stories. The other person said I hit him.. Theres no damage to his car and you can clearly see by looking at my car that someone hit me.. Its almost physically impossible for me to have hit someone and gotten that damage.. The auto body I took it to also said that you can clearly see I was hit... What should I do from here??? I dont want to go through my ins because of the rate increase and it was not my fault at all... Thank you in advance for your advice!

Answer
Hi Dan,

I would sue the guy in small claims court.  Especially since he was the cause of the accident.  Cost is like $50 maximum, and the form is easy to fill out.  Make sure to call ahead to make sure that your court has jurisdiction.  Usually the residence of the defendant or the site of the accident will control the jurisdiction.

A lawsuit in small claims court can be served upon him and THEN see what the adjuster says.  You need to object if they try to bring in an attorney to defend the guy.  Small claims court is supposed to be an attorney-free zone.

Otherwise, feel free to bring in your own company to repair your vehicle.  Your state insurance commissioner http://www.settlementcentral.com/links.php
has established criteria for insurance companies to raise rates for "at-fault" accidents.   You can call him to discuss how he has protected your interests if you bring a claim when someone else caused the accident.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com