Auto Insurance Claims: fighting false laiability, small claims court, small claim court

Question
QUESTION: I pulled-out from parallel parking spot and stopped behind the track (assuming he is stopping for the red light). The track driver did not see me and backed up(to park)damaging my car (I was honking to no avail). He gave me all his insurance info, did not denied that he hit me, but his insurance is trying to blame me for 50%. How can i fight them, the damage is pretty small, but with my insurance deductible means i would have to pay for my repairs(without being at fault)

ANSWER: Hi Marek,

Abiut the only thing you can do is to file a law suit against the truck driver and let a judge decide liability. If you win then his insurance company would have to pay.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: Do I have to sue the driver who does not denies that he hit me (but says he did not see me and what I was doing) or his insurance, which conveniently is establishing 50/50 responsibility. Can I use small claim court?

Answer
HI Marek,

You woulf have to sue the driver and the company he worked for. You will have to check with an attorney to find out if this kind of case can be filed in small claims court. It will also depend on the amount of damage.

I hope this helps
Richard Hixenbaugh