QUESTION
Can I sue the at fault driver in a car accident in small claims court if they lied about what happened and their insurance company won''t pay out?
Asked on Mar 21st, 2012 on Automobile Accidents - Alabama
More details to this question:
I was traveling home from class on a four lane road (two lanes one way and two going in the opposite direction) in the right-hand lane. There was another vehicle in the left lane. That vehicle decided to merge into my lane and side swiped me. He pulled into a parking lot, after appearing to attempt to flee after hitting me, instead of staying put. He had spoken about how much it would cost to repair my car as if he were going to try and negotiate, but I had already called the police. We each told the police what happened, the other driver ADMITTED to hitting me. The police report states the same. However, the driver lied to his insurance company and told them that I merged into him. Despite the police report and the fact that I have pictures showing the damage to both vehicles, his insurance company refuses to pay for the damages. I live in Birmingham where these types of incidents are common. I refuse to have to pay for something that was not my fault.
1 ANSWER
Personal Injury Attorney serving Fall River, MA
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Botelho & Associates, LLC
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You really have two options here, iron attorney and have them handle this matter for you or attempt to deal with it yourself and most like you you'll keep getting the same results. The simple fact of the matter most insurance companies treat people like this if they're not represented by an attorney in a personal injury or automobile accident claim. Regardless of what the law states unless you know how to take someone to court and understand all the legal proceedings as an attorney does, the courts won't help you walk your way through it. Simply from the police report stating that the other driver hit you you have a great case already, it just seems that the other insurance company knows you don't have an attorney. You don't know legally need an attorney to handle this matter yourself, but if you don't understand the law as well as an attorney does, the courts don't take into consideration your nonattorney. So to simply answer your question yes the insurance company is liable and should pay your claim, but most likely they won't unless you get an attorney involved.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
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Answered on Apr 03rd, 2012 at 2:19 PM