Her insurance - Can I fix my car first and then sue the other driver in small claims if they’re dodging their insurance?
About a week ago, I was stopped in traffic when a woman rear-ended me. I won’t go into all the details, but she was a bit evasive at the scene. She did give me her insurance information, though. I only have liability coverage through my own policy, so I filed a third-party claim with hers.
I called her insurance today, and they told me she hasn’t responded to their attempts to get her statement. The evidence is pretty clear - she had a license plate cover on the front of her car, and the text from it literally left an imprint, like a stamp, dead center on the rear bumper of my car.
I really need my car, but my rear bumper is sagging, and I don’t think it’s safe to keep driving it like this. Based on her behavior at the scene and the fact that she’s now ghosting her insurance, I have a strong feeling she’s just going to keep evading responsibility.
Given this, I’m wondering: is it okay if I pay out of pocket to fix my car now and then sue her in California small claims court to recover the cost? If so, what kind of evidence should I gather to make my case? For example, should I ask the auto body shop for a written statement detailing the damage and cost to repair?
Thanks in advance.
her insurance - Neighbor Scraped My Car and Denies It — Should I Deal With Their Insurance Adjuster or Go Through Mine?
My neighbor scraped my car in our shared apartment garage. I park right next to her every day, and the scratch on my vehicle lines up perfectly with damage on hers. To top it off, her paint color is visibly transferred onto my car and vice versa..
She’s claiming she didn’t do it, but I’ve already filed a claim with her insurance and an adjuster has reached out. The adjuster says they’re still trying to determine liability since my neighbor is denying everything.
Here’s where I’m stuck:
-Should I keep working with her insurance and try to prove it to the adjuster directly?
-Or should I go through my own insurance (which would mean paying a deductible upfront) and let them fight it out behind the scenes?
I’d prefer to avoid paying anything out of pocket, but I also don’t want to risk her insurer denying the whole thing and leaving me with the bill. Any insight from people who’ve been through this or know the industry would be really appreciated.
Thanks in advance!
The other insurance company - Arbitration found me 100% at fault
Earlier this year, I was involved in an accident where I was side swiped by a gardener truck. I was on a residential street and slowed down to look for parking. The gardener truck was behind me but decided to pass me, and when I drove forward a little to park further up, the truck merged back into my lane and struck my car with the equipment hanging off its trunk. They sustained no damages while my drivers side window shattered, mirror broke off, and fender/door sustained damages.
Around 2 months ago, we received a letter from their insurance saying they assessed 55% negligence on their insured driver and 45% on me. They were also willing to pay for 55% of my damages. My insurance decided to take them to arbitration.
During this time I received 2 letters from my representative. The first said that while the other insurance company has accepted full responsibility for the accident, they have not been able to reach a settlement for damages paid. I then received a second letter a month later saying that the arbitrator has ruled in favor of the other party. This seemed like a complete 180.
I was shocked to learn of their final decision and emailed my representative asking if any of my $1,000 deductible would be recovered. She said no and sent me a copy of the arbitration decision which stated the following duties breached on my end: vehicle failed to keep
appropriate lookout and they failed to maintain safe parking maneuvering.
Is there anything I can do at this point? I know the arbitration decision is binding and final but I am honestly just stunned, especially because it felt like the truck failed to safely pass my car. I spoke with my insurance and they said my premium will most likely double. Is this fair?
other insurance company - Other drivers insurance, to good to be true?
Amy guidance is appreciated.
I was driving down a street when a car t-boned me, I spun around in oncoming traffic. I was able to move my car safely. The driver who hit me walks up and says it is his fault. I get my phone out and start recording, I asked him to say it again, he asked if I was recording, I said yes. He said that was fine but when I asked him to repeat what he said, he said it to let the insurance company handle it and laughed. I get taken the to ER just to be safe and I was released shortly. I was given a 2 day work off work note. I immediately reported it to my insurance company. They said they will reimburse me for my medical. The other driver admitted to his insurance that it was his fault so my insurance waived my deductible and will pay for my rental car for 30 days but my insurance will not pay for my lost wages.
2 days later I go to urgent care because now I'm feeling it and I get another doctors note to take me off work for a few more days. I'm very nervous to drive.
Now, the other insurance company seems very eager to pay my lost wages, any physical therapy, all my medical, etc. I'm just skeptical they seem so willing to pay.
What information should I give them access to and what should I not? What if they have me sign something, what should I look for or make sure I am not being hustled?
Any guidance is appreciated. I'm new to this.
her insurance - Rear ended at a stop light in California
Good morning,
So on my way to work I got rear ended at a traffic light and me and the girl who rear ended me pulled over. She apologized profusely saying she assumed I was going to run a red light. We exchanged insurance info and number. She then started texting me begging to not go through the insurance for this and that reason and that she’ll pay me $500 out of pocket if we don’t go through the insurance. I refused and went through the correct route of reporting it to her insurance… but after a couple weeks of waiting, they denied my claim reasoning that I made an unsafe lane change which I didn’t. I did swap lane from left to right and as I was merging the light turned yellow and I eased in on the break to a stop… she assumed I will run the red light which caused the crash. She hit me on the rear end and most of the damage is in the left side of my car… I showed their insurer the texts exchange between me and her… I also reasoned that it’s untrue that I made an “unsafe” lane change because why would the damage to my car be on left side?
So I’m wondering what my options are? Thank you for listening!
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