QuestionQUESTION: I was involved in a low-speed accident in California that damaged my car, rendering it undriveable, but did not cause any injuries. I had just dropped collision coverage because my car was old. After the accident, my insurance company, Allstate, took both of our statements and sent a technician to photograph our cars and examine the site of the accident, and determined a couple of days later that the accident was 100% the fault of the other party, but since I no longer had collision coverage, they were naturally not going to pay anything to me. The other party’s insurance company, Farmers, only took our statements without sending anyone over and determined within an hour that the accident was 100% my fault. Allstate recommended that I try to recover damages in small claims court.
I have some questions of strategy. First, I assume that I sue the owner of the other vehicle, not Farmers, correct? Second, would it be beneficial for me to first send photographs and other evidence to Farmers in an effort to get them to change their minds? Can that be later used against me in court or would it look better for me in court if I first try to negotiate with the other insurance company? Third, should I file a complaint with the California Board of Insurance with the complaint that Farmers came to a hasty conclusion without looking at evidence? Fourth, can I try to fix or sell the car before the court date (which could be many months from now), or will that be considered as tampering with evidence and hurt my case in court? If I can’t touch the car, I have to leave it in my driveway and keep paying insurance on it.
ANSWER: Hi Lester,
Yes you would sue the owner of the vehicle not the insurance company. Yes it would be a good idea to ask your insurance company to provide you with their photos, copies of statements and perhaps even a written explanation of how they reached their liability decision. Then you can put all of that together into a package to send to farmers demanding that they accept liability or you will be forced file suit against their insured.
If they do not change their mind and you have to file suit, it is ok to have the vehicle repaired if you have the ability to pay for the repairs. You will then need to bring to court the final repair bill and take many photos of the damage before the repairs are done to show the extent of the damage.
I hope this helps
Richard Hixenbaugh
---------- FOLLOW-UP ----------
QUESTION: Mr. Hixenbaugh,
I do have one question. Farmers (the other person's insurance company)did not send anyone to look at the car or the scene of the accident, while Allstate (my insurance company) did. I and Allstate took pictures and measurements. We believe that there is evidence from both the physical nature of the damage and the scene that the other party was at fault.
My question is that if I try to first negotiate with Farmers and they turn me down, they will have time to show my evidence to their lawyers and figure out how to use it against me. Is this a concern? Is it better to first show the evidence at court? Do I gain an advantage of surprise? Will I be required to show everything to them beforehand anyway?
AnswerHi Lester,
In most cases, you will have to show all of your evidence to the other side prior to any cort case. So you might as well send it to the to try to negotiate witout the need for going to court. If you evidence is compelling enough to win in court, it should be sufficient to convince them to accept liability.
Farmers is known to difficult to deal with. You must be assertive and don't take no for an answer. Question everything they try to use as an excuse. They are simply trying to wear you down so you will go away. Show then you will not go away. Keep calling, sending letters and eventually they should give in. If not, then you can always file suit.
I hope this helps
Richard Hixenbaugh
