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How do I deal with insurance that wont pay?
Anonymous2 views5 answers
I was in a small car accident with a 17 yr old, no DL. Two way street I was going one way and he was coming the other way. He tried to make a U-turn by pulling into a drive way on my side and pull back in my lane and didnt see me. He drove right into my front passenger corner, his front of the car was all damaged. I have a witness that saw him make the U-turn out of no where. Officer still said it was my fault and now his insurance wont pay. I am trying to get the police report fixed and its not working. Already went to court and said not guilty with trial by jury. What would be next to do since i want to fight this in court so HIS insurance can pay since it was not my fault and i have a witness. Plz help!
If the other driver's insurance company is refusing to pay for your repairs, here are your limited choices as I see it: (1) accept that they just won't pay and move on: or (2) file a lawsuit and hope you can prove your case and either change their mind so they pay or win at trial.
If you want to do with option (2) and you were not injured, or had little to no medical care, it will be very difficult for you to find a lawyer to represent you on a contingent fee. I do not know any lawyers who handle property damage only claims on a contingent fee. The reason is that we lawyers have to make business decision and factor in the return on our time for handling a particular case.
Maybe you should sue the other driver in small claims court yourself. What is the dollar amount of the damages to your vehicle?
If you were not injured and have collision coverage, turn it over to your insurance for handling. Let it pursue the other driver and, if successful, recover your deductible. Aside from that, you will have to sue the other unlicensed teen driver on a negligence theory and the person whose let them drive the vehicle on a negligent entrustment theory for your damage.
If a jury found the other car not liable then your witness won't change the liability determination of the jury which the insurance company has every right to rely upon.
This is a situation that requires careful consideration. I am a little confused because you claim you already went to court... but then say you want to go to court.
While most lawyers require an injury and liability to take a case, some will litigate cases without medical bills/injury and obtain successful jury verdicts. When an insurance company denies liability outright, you essentially are forced into a situation where you must sue in order to gain fair compensation.
Recently there was a successful case tried for loss of use only (no injury) in Texas. This sounds like an avenue you might want to explore. The liability hurdle is a big deal though, and it will require you to be able to establish fault on the other driver. If the police report and cop are both against you, you will have a very difficult time. A witness will help, but may not get you over the hurdle.
Consult an attorney who accepts non-injury cases and let them advise you. I think it would benefit you to speak with someone in person rather than message back and forth on .
