QUESTION
What can I do in an accident where the other party is at fault but disputing my claim?
Asked on Mar 21st, 2014 on Personal Injury - Nevada
More details to this question:
I was recently in an accident where the other party opened their door into my car as I was parking. By law she is at fault but is disputing my claim and now her insurance company is telling me it's a word versus word case and they are not paying the damages. Is there anything I can do about this?
14 ANSWERS
Edwin K. Niles
Welcome to the world of insurance. All you can do is sue. Think Small Claims Court.
Answered on Mar 24th, 2014 at 4:36 AM
Michael J. Breczinski
Yes you can sue her and let the judge or jury decide.
Answered on Mar 24th, 2014 at 4:36 AM
Ronald A. Steinberg
Are you kidding? You gather evidence and you sue her.
Answered on Mar 24th, 2014 at 4:36 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Hire an attorney or, depending on the amount of damages, take her to small claims court.
Answered on Mar 24th, 2014 at 4:35 AM
It is a word versus word problem, so all you can do is sue in small claims court and hope you come off as more believable than the other person.
Answered on Mar 21st, 2014 at 2:33 PM
3 Awards
That is a perfect case for small claims court.
Answered on Mar 21st, 2014 at 1:32 PM
Libel & Slander Attorney serving New York, NY
at
Veridian Legal P.C.
Update Your Profile
Your insurance company should be handling this for you. Hire an attorney.
Answered on Mar 21st, 2014 at 1:24 PM
Criminal Defense Attorney serving Birmingham, AL
at
The Harris Firm, LLC
Update Your Profile
Yes, get an attorney. The insurance company doesn't think you're serious. Insurance companies do not want to pay claims. Settlements are always a cost-benefit analysis. "How much will we have to spend on attorneys defending this?" vs "How much will it take to make this go away?"
Answered on Mar 21st, 2014 at 12:26 PM
If the insurance company does not voluntarily pay your claim for damages, then your only action against them is to sue. You can represent yourself or hire an attorney to represent you. As for getting your car fixed, another possibility if to file a claim with your insurance company if you have collision coverage however you would have a deductible to pay.
Answered on Mar 21st, 2014 at 12:13 PM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
If the damages are worth less than $5,000, you can file suit against her in small claims court and do not need an attorney.
Answered on Mar 21st, 2014 at 11:58 AM
James Eugene Hasser
You can either sue her or make a claim on your insurance for collision coverage and let your insurance company worry about getting their money back.
Answered on Mar 21st, 2014 at 11:57 AM
Litigation Attorney serving Irvine, CA
at
Law Office of James A. Anton
Update Your Profile
Hire an attorney and sue the person.
Answered on Mar 21st, 2014 at 11:57 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Hire an attorney if it is worth the fees, and change insurance companies.
Answered on Mar 21st, 2014 at 11:56 AM
James Edward Smith
Obviously, you need an attorney as the insurance company is blowing you off.
Answered on Mar 21st, 2014 at 11:55 AM