QUESTION
Can I sue her or the insurance company for anything since they are not claiming liability and they won’t fix my car?
Asked on Oct 27th, 2012 on Personal Injury - Michigan
More details to this question:
I was stopped at a stop sign and a car turned left onto the street I was on. She was not paying attention and smashed into me-destroying my hood, bumper, left lights, left wheel well, and grill- both our phones were dead so there were no pictures. She told her insurance that I was on drugs and that I moved my car back a few feet after the crash. The cop knew that wasn't true, as her car was still wrecked into mine.
15 ANSWERS
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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You cannot sue the other driver's insurance company but you can sue the driver herself. In Nebraska, there are very few circumstances in which you can actually sue an insurance company for a car accident. If the insurance company will not pay you then you sue the other driver. The other driver's insurance company will hire an attorney for her and will pay you if you win your case.
Answered on Nov 08th, 2012 at 5:32 PM
Ronald A. Steinberg
In Michigan, you go to your own auto insurance. You can only sue her for $500 or your deductible. Let your insurance go after her.
Answered on Nov 02nd, 2012 at 9:54 PM
Debt Collection Attorney serving Fresno, CA
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Nunes Law, Inc.
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If you have a claim for damages, you need to sue the other driver and owner not the other insurance company.
Answered on Nov 01st, 2012 at 3:19 AM
Dennis P. Mikko
Michigan is a no-fault automobile insurance state. You have to look to your insurance company for collision damages to your vehicle. There would be an exception if she was not insured. The only claim you would have against her would be under the mini-tort provisions of the law which allow you to recover up to $500 of non-covered damages.
Answered on Oct 31st, 2012 at 11:48 PM
Thomas Edward Gates
If you have a police report supporting your case, yes you can sue them for the damages.
Answered on Oct 31st, 2012 at 11:25 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Certainly. But she lied once she will lie again, so be prepared.
Answered on Oct 31st, 2012 at 4:49 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can sue her. You might also look into the arbitration procedure that is available through most County Clerks of Court for vehicle property damage claims.
Answered on Oct 31st, 2012 at 4:29 AM
Is there a police report? You can sue her, but beware, if they have denied liability at this point they believe they have a strong case. Depending on the amount, you could take her to small claims court. Sue her and that will bring the insurance policy into play if you prevail and prove your case. You might talk with a lawyer about your options. There are self help pages for small claims court on the websites for your county court.
Answered on Oct 31st, 2012 at 12:51 AM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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If there is a traffic collision report that would assist in establishing fault for the accident.
Answered on Oct 31st, 2012 at 12:40 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Yes, you can sue. Unless you were injured, you're probably better off suing in small claims court instead of hiring a lawyer because you'll have to pay the lawyer a portion of your recovery and that won't leave enough money to fix your car even if you win. Sue her and serve her; the insurance company will respond for her. Your small claims court probably has forms for the suit.
Answered on Oct 30th, 2012 at 10:11 AM
Alternative Dispute Resolution Attorney serving Austin, TX
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Law Offices of Steven D. Urban
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You can definitely bring an action against her for negligence. Notwithstanding, you will have the burden of proving your claims to a judge and jury.
Answered on Oct 30th, 2012 at 10:10 AM
Assault Attorney serving Richardson, TX
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You can make a claim against her . An attorney would be very helpful .
Answered on Oct 30th, 2012 at 9:29 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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You sue her, and insurance defends. You do not sue insurance.
Answered on Oct 30th, 2012 at 9:29 AM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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You can sue the other driver, who will be indemnified by the insurance company.
Answered on Oct 30th, 2012 at 9:28 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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It sounds like you need to go to small claims court. Take pictures now.
Answered on Oct 30th, 2012 at 9:28 AM