Auto Insurance Claims: fighting an insurance claim, independent witness, traffic charge


Question
my wife was hit as she was leaving an intersection. On the scene she was charged with running a red light. She went to court and they non processed the charge. She had already filed a claim with the other parties insurance company and they said they will wait 4 the outcome of the case before sending any money.Well my wife beat the charge,the cop says he will change his statement, but they are saying that they are not going to pay. Could you walk me through the process i need to have them pay 4 damages. I don't have a lawyer.

Answer
You need to be able to prove that the other driver was negligent and your wife was not.  When a criminal or traffic charge is nol-prossed, this does not mean very much.  It just means they had insufficient evidence to prove she was guilty of the charge.  I'm assuming there is a dispute between the drivers as to what happened.  Is there an independent witness?  Do you have any evidence as to who was at fault?  If there is no evidence, they will take the position that their driver is telling the truth.