Auto Insurance Claims: rear ended, personal injury damages, small claims court

Question
I was rear ended in a car wash. It did some minor damage to my bumper and because of a constant headache that will not go away i have been seeing a chiropractor. the lady that hit me stated so in front of the car wash manager. She did give me her business card bit has refused to give me her insurance information. I gave my claim adjuster every thing i had including this business card However I do not feel my insurance is trying to track this lady down. What can I do? I was just going through a car wash and came out with damage! Can you help

Answer
Hi Jan,

First off, just call the adjuster and get some ideas of how to proceed.  She will have some suggestions for you.  But if your insurance has not paid out anything, they are not inclined to chase after this tortfeasor.

It is not the job of your insurance company to track the tortfeasor down UNLESS they have made some payments to you under the policy and then they want to recover the money they paid you.  In that case, your insurance company will track her down and make a claim for reimbursement for what they spent out of pocket to repair your car and pay for your medical bills.

In this case you have two problems.  The first one is pretty easy to solve since you have the business card.  You can send a certified letter with the small claims court lawsuit form and tell her that unless she gets her company involved----or unless she agrees to pay your property damage and personal injury damages----you will file the lawsuit AND YOU WILL REPORT THE ACCIDENT TO THE STATE DEPARTMENT OF LICENSING AS A DRIVER WITHOUT INSURANCE.

This latter reporting is something you might want to do if the accident involves damages (both property and injury) in excess of the state threshold, AND if your state enforces insurance laws on private property (which most do).

By reporting the accident to the state, you start in process the procedures whereby she can have her license suspended if she does not show financial responsibility.  You will  contact the state to learn where the financial responsibility division is located, and then get an idea of what kind of report they want to prove the dollar amount of your damages.  This has a time constraint on it, so you would have to act quickly.

The financial responsibility department of your state department of motor vehicles or department of licensing will then send the tortfeasor a certified letter telling her either to name her insurance company OR she has to post money in the amount of your damages.  If not, they will suspend her license until she does so.

NOW, assuming you finally make contact with her insurance company, you will face the SECOND PROBLEM: TRYING TO PROVE THAT A SMALL HIT CAN CAUSE PERSONAL INJURIES.

This is a common problem for what is termed a "MIST" claim: "Minor Impact Soft Tissue" damages.

In this you will have to carry the burden of proof by BOTH your doctor's reports AND some witness statements.  Get someone at home or work to make a witness statement about your lack of headaches and body aches versus what you experience now. Witness statements win insurance claim settlements http://www.settlementcentral.com/page0196.htm

DO NOT BE DISCOURAGED if the adjuster tries to make little of your injuries.  She surely knows that even minor impacts can and do cause injuries.  Stick with your doctor and do what he says and fight for a good result with the tortfeasor's adjuster by providing more and more information about your life before and after this injury.

I trust that my extra time given in this answer has been of benefit to you, and hence I respectfully request that you find the feedback forum on this site and leave some feedback for me.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com