Auto Insurance Claims: deductible recovery and clearing my at fault, small claims court, side wheels

Question
Dear Marc,
My insurance company has now formally given up trying to recover their losses pertaining a vehicle accident, where do I stand, and who can I attempt to sue in small claims court? I swerved to avoid a truck exiting from it's depot exit, my drivers side wheels left the roadway and crossed onto the grass, and dropped into a deep groove caused by the front wheels of the trucks leaving the depot, causing extensive damage to my vehicle. I stopped and spoke with both the driver (who admitted it was his fault, "I didn't see you, it happens with these mirrors sometimes" at the scene, he was also on the phone) and spoke to the depot manager. the manager told me "go and take care of the damage, I will see you right". There were no recorded witnesses at the scene except the mentioned parties. The then changed his mind and told me to claim through their insurance company, who refused my claim, then later, via my insurance company, has refused to be held responsible for any claims. My insurance company has attempted to recover their losses and my deductible for over a year via attempted mediation, letters etc. without success, and have now formally "given up" saying it's up to me, but will not formally advise me, but will hand over copies of their efforts. I would like to clear my name in the matter of "at fault", and reclaim my deducible ($1000), I am not out to make a profit, or recover my insurance companies costs. The driver was clearly at fault and his insurance company is clearly "stone walling" until I go away. Hoping you can help

Answer
Andrew,

Hard to believe your insurance company "gave up" on recovering your deductible. You will need to sue the driver of the truck and owner of the truck,  which is likely some corporation. Be sure to get the corporate name right when you file suit as this is always a pit fall I see Pro Se litigants falling prey to. Wrong company means no jurisdiction over the right company. You can do it yourself in small claims court and usually they have an office that will assist you with the paperwork.

Send a letter to your insurance company demanding a complete copy of your file. Send it certified mail so you have proof of receipt. The file contents should identify the name of the vehicle operator and owner. You have been damaged in the amount of $1,000.00 and are entitled to get paid back that money.

Best of luck

Marc B. Nussbaum, Esquire