QUESTION

What do I do if I was in an accident and neither insurance companies want to cover damages?

Asked on Jan 05th, 2012 on Personal Injury - Georgia
More details to this question:
Someone pulled out in front of my mother's vehicle in a parking lot resulting in a collision. Neither insurance company wants to accept responsibilities for the damages.
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12 ANSWERS

Personal Injury Attorney serving Boston, MA
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Hard to know how to direct you without knowing more.
Answered on Jul 02nd, 2013 at 10:00 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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Take the other driver and the car's owner to small claims court.
Answered on Jan 12th, 2012 at 10:51 AM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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Initially, I cannot tell if you are asking for yourself or your mother. My answer will refer to you being the driver of one the vehices. The analysis is basically the same whether it was you or your mother. I assume from your "Question" and the "Question Detail" that by your statement "neither insurance company wants to accept responsibilities for the damages to the damage" you mean the damages to the vehicle they do not insure (i.e. You are insured by Acme Insurance; Acme Insurance does not want to pay anything to the other driver involved; and the same holds true for the other driver's insurance company to you). Basically, each insurance company believes that the driver they do not insure is at fault (or they believe fault is 50/50). Assuming you had "Collision Coverage" with your insurance company, your insurance company would pay to repair your vehicle minus your deductible. Your Question does not refer to whether anyone was injured. If you were injured, your insurance company would pay your medical expenses if you have "Medical Payments Coverage." They would pay your medical expenses up to your limit under this coverage. If the other driver's insurance company refuses to pay you for the damage to your vehicle and any other damages (i.e. rental vehicle, medical bills, lost wages, pain and suffering, etc.) then your only option is to sue the other driver. Assuming the insurance company does not change its mind after your lawsuit is filed, a jury ultimately would decide who is at fault or the percentage of fault by each driver. I mentioned fault being "50/50" above. In Nebraska, to recover against another driver you must be less than 50% at fault for the accident. If fault is 50/50, you do not receive anything from the other driver. If the jury comes back with your fault being less than 50%, then you receive what the jury decides your case is worth less your percentage of fault (i.e. Jury decides case is worth $10,000 and you are 25% at fault; you receive $7,500). If your own insurance company refuses to pay you, assuming you have the appropriate coverage as discussed above, then you would have a breach of contract claim against your insurance company. The way I read your question, this does not seem to be what you are asking though.
Answered on Jan 10th, 2012 at 11:08 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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It is not easy to answer your question without more information on what basis the companies are denying liability, and knowing how much your mother's damages are. I will assume that no personal injuries are involved. If it is only property damage, then it is usually not economical to hire an attorney to pursue a lawsuit. I am also assuming that each insurance company is taking the position that it is the other driver's fault. If your mother has collision coverage, then her insurer should pay her damage, less the deductable, and then they would have a right to due the other driver if they think it is the other driver's fault. If there is no collision coverage, I would suggest that your mother file for arbitration at the Circuit Court Clerk of Court's Office. The Court will appoint three attorneys as arbitrators, and they will decide who is liable. If the other driver files a counterclaim, saying your mother is liable for their damage, your mother's insurer will have to hire a lawyer to defend the claim. In the alternative, your mother could sue the other driver in small claims court if her damages are less than $7,500.00 (if damages are more, an attorney might take the case on a contingency fee basis.
Answered on Jan 10th, 2012 at 8:25 AM

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Workers Compensation Law Attorney serving Atlanta, GA at Rechtman & Spevak
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Are you talking about property damage to your car only, or were you injured? It is very difficult for an attorney to get involved in a case for property damage only. If injury resulted, phone me or another qualified attorney who does a lot of personal injury work. I would be glad to discuss your case at no charge (a free phone consultation). If property damage only resulted, the vehicle owner personally has the right to file a lawsuit in small claims court (Magistrate Court) in the county the other party resides. The Magistrate Court judge will determine who (if anybody) is responsible for the damage. If the other driver is found responsible, his insurance company will be forced to pay the damages.
Answered on Jan 09th, 2012 at 5:08 PM

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Personal Injury Attorney serving Spanish Fork, UT at Utah Legal Team
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This is a classic case of two insurance companies either blaming the other party or claiming the accident is 50/50 as to liability. This is typical of insurance companies. If the other vehicle pulled out in front of your mom they are clearly at fault for failing to yield the right-of-way and failure to maintain a proper lookout. Your options are to find great witnesses to verify your story to the insurance companies or file a lawsuit against the other driver.
Answered on Jan 09th, 2012 at 4:35 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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If your mother's insurance coverage includes collision coverage, then you can always sue them and they will have to pay your mother's attorney's fees.
Answered on Jan 09th, 2012 at 3:13 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Each insurance company should pay the damages for their own insured and then arbitrate between the two of them.
Answered on Jan 09th, 2012 at 2:43 PM

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Family Law Attorney serving Baton Rouge, LA
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If your mother has comprehensive or collision coverage on her vehicle, she can simply claim under her own policy and allow them to "go after" the other insurance company. She will get a more friendly audience with her own company. If she does not have comprehensive/collision insurance on her vehicle and the other side won't accept liability, she will have to sue and seek damages. Make sure to preserve any evidence of the collision, and try to find out if there were any witnesses to the accident, in order to help your future attorney.
Answered on Jan 09th, 2012 at 2:42 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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In NC we are one of 4 or so jurisdictions that have what is called "contributory negligence" Simply put if you contribute to your own damage you cannot prevail. Insurance companies figure they have at least a 50/50 chance to win so why should they pay.
Answered on Jan 09th, 2012 at 2:42 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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Since you are in Michigan, only your mothers company would cover the crash if there was collision coverage. If not, the only recourse is if the other party was at fault, she can get $500 in mini tort damages. If there were injuries, that's a whole different story.
Answered on Jan 09th, 2012 at 2:37 PM

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Personal Injury Attorney serving Marietta, GA at Law Office of Ronald Arthur Lowry
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I take it that your family does not have collision coverage and the other party's insurer denied liability for the wreck (meaning the other driver denies fault). You will probably need to sue to get the damages paid. Something like this can be brought in Magistrate's Court (small claims court) but it is complicated and if you try to do it yourself the other side will show up with a lawyer paid for by their liability insurer and beat you. You need an attorney who knows about such insurance claims to represent you. Don't try to do it yourself.
Answered on Jan 09th, 2012 at 2:32 PM

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