Auto Insurance Claims: Got hit by a left turning car. Insurance agency says I drove through a red light.., small claims court, westbound traffic


Question
Is there anything else I can do to fight a claim where I was hit at an intersection from a driver doing a left turn and the driver's insurance company is saying I drove through a red light and hit their client..

The main problem is the police did not write up a report because nobody was injured. So with no report and no witnesses that stopped,it's become a he said/she said situation.

Any ideas/thoughts would be much appreciated.

Some details about the accident, if it helps..

1:30 am that occured a block away from my work which I was leaving.  The other driver was a young girl with a passenger in the car.

The intersection where the accident occurred has a left turn light for eastbound traffic and I was heading westbound.  I was stopped at a red light and the eastbound traffic proceeded through their left turn at which point the westbound traffic go the green light.  All cars turning left had cleared the intersection.

I was more then half way through the intersection when I suddenly saw a car swerve in front of me apparently trying to make a left turn at which point our cars impacted.

Police arrived on the scene only to help get the car out of the street as my car would not start up and the airbags had deployed.  The police traded insurance information and told me they would not be filing a report since nobody was injured.

I tried putting in ads to see if there were witnesses, the intersection had no cameras and I also tried the local businesses to see if they had any security camera footage but nothing so far.

Thanks.

Answer
Hi Paul,

Unfortunately there is not much you can do when it is a he said, she said.

The only thing I can think of is for you to file a law suit agains the at fault driver in small claims court. You will be asking the judge to determine liability (who is at fault). The better you prepare the greater the chance you will win. You should get pictures of the accident scene from various angles and print them out on full size sheets of paper. Write out your description and present it to the judge just as you have here. Dress nicely for court. If you can show the jusde that you seem confident and truthful in what you are saying, you may just win. If the judge finds that the other driver is at fault, then you can present that written decision to the insurance company and they will have to pay your claim.

If you don't want to go through all that and you have collision insurance, then just put the claim through your insurance and let them worry about fighting with the other insurance company.

I hope this helps
Richard Hixenbaugh