I had a car accident back in January 11. Basically I cut off an angry and speeding driver's way when i changed lane and about half a mile down the road he intentionally rammed his car into mine hitting my driver's side of the vehicle. A police office came to the scene and we exchanged insurance information through the form the officer gave us but we both clicked on accident not reportable. He later disputed my statement stating that I hit his car and not the other way around. I have liability only and his company denied my claim today after almost over 3 months. I feel very frustrated how they treated me and for denying my claim. Can I take the matter to a court by myself? Can I file suite? What are my options?
Jacob Adam RegarCar / Auto Accident LawyerEncino, CA ·
I am not licensed to practice in your state. I am licensed in CA. I can, however, provide some general feedback.
It seems the other driver's insurance company took the position that this accident is a he said-she said case-- your word against their insured's. Here, in order for you to recover from the other driver, you would need to sue them. If you sued the other driver, the matter would be turned over to their insurer, who would likely defend the claim, subject to any policy exclusions.
Depending on the dollar amount of your property damage, you could sue in small claims court. But, you would need to check your state's rules for this process.
Also, look into obtaining collision coverage.
There are many options in proceeding with a claim, including a lawsuit. However, many of these options are dictated by the state in which the accident took place. I would suggest that you speak to a lawyer in VA so that they can inform you of your options. You would always have the ability to file a lawsuit for yourself, but in many situations an attorney can help you with your case on a contingency basis, meaning that you would not have to pay them any money up front, and the attorney would not get paid unless you receive a settlement or judgment for damages against the other driver. The type of fee agreement that you and your attorney can enter into varies from state to state and even attorney to attorney, so your best option is to seek the advice of an attorney on all of these issues.
