Auto Insurance Claims: What to do after third party claim denial, insurance comapnies, small claims court

Question
QUESTION: My daughter got hit while turning right from a vehicle
turning left at an intersection with green light. Police did
not come to investigate. Now the other drivers' insurance
has denied the claim saying their driver had already turned
left after which my daughter turned and hit.  This is not
even possible. But they claim a "witness" that appeared
after long time & seen friendly with other driver and blamed
my daughter. I have been told to file small claims suit
against other driver, but we do not have his address. He has
a claim against our insurance.  We strongly feel wronged as
right of way is being ignored and damage was mis-
interpreted. Your advice and recommendations are
appreciated. Thank you.

ANSWER: Hi Shekar,

Since the two insurance comapnies are involved, it is best to just let them work it out. Call your insurance company to provide your side of the story. Express your concerns. They will then make a liability decision and work things out with the other insurance company. Going to court will just cost you a lot of money with an uncertain outcome.

I hope this helps
Richard Hixenbaugh

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

QUESTION: Hi Richard,
We do not have collision coverage for my daughter's car (so
we have to bear nearly 2000 in repairs). Our insurance
already has our statement and concerns. They told us their
involvement is simply pay or deny other driver's claim based
on their investigation. We will wait for that to complete.
I agree even small claims court will cost us a hundred or
more plus time and effort, but we feel the fault should not
be assigned ignoring right of way and based on some person
becoming witness giving non-true testimony.  

Answer
Hi Shekar,

Well you can file suit if you want to but, remember that you must be able to prove your case. You should bring photos of the scene of the accident, estimates of the cost of repairs to your car, etc. You must have everything on the day of the trial. There aree no second chances. The judge will make a decision and everyone will have to livce with that decision.

I hope this helps
Richard Hixenbaugh