Auto Insurance Claims: third party insurance denies claim, third party insurance, small claims court

Question
QUESTION: hi bennie,

I had auto accident two months ago. Police gave citation to other driver for following too closely.Police report says both car is slightly damaged. I have only liabilty coverage on my car so i filed a claim to other driver's insurance company. After few days i got letter from that insurance company that they deny this claim because other car is not damaged at all so we feel all your damage is pre exesting. I have one tail light broke in pre exesting damages but rather that everything is fine. Now after this accident my trunk is damaged and alliment of doors has gone so they stays open. I got estimate from acura dealership ($7800).

I hired lawyer after i received that denial letter. I dont know what he has done for this last month in paperwork but he called me yesterday and told me that he can not pursue this case because insurance company keep denying this and he is not interested to go for trial for few thousand dollars. I talk to other lawyer and he said he can do my body injury but for car matter i have to do myseft.If insurance company accept this case then he will do body injury...

I'm stuck now....i dont know what to do and how to proceed and where to go...

Please advice me...i would be really appriciate that.
Thank you.

ANSWER: Hi Danny,
It appears that the only option left is to file small claims court action against the other driver.
Check with the local court to learn the small claims rules in your state as regard to the maximum amount that that you can ask for in your filing and to learn if attorneys are allowed in small claims court in your state.
If attorneys are allowed, the insurance company of the other party will provide an attorney to defend their insured.  If attorneys are allowed, you may decide that you are not qualified to argue your case against an attorney and have to hire your own.

As I understand your question, you are claiming injuries plus $7,800
in damages to your car while the other vehicle has minimal to no damage.

In my opinion, your odds of any kind of settlement are slim to none.

Good Luck,
Bennie
San Francisco Bay Area

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

QUESTION: thank you for reply bennie ...just one follow up question..
In Georgia state attorneys allowed in small court claims.
What kind of eveidence judge will look before final Judgement? I have picture before accident and after accident , plus one affidavit from My mecanic and other affidavit from other two person from my shopping center plus police report which stats both car damage and other party receives citation.

i just want them to fix my car and pay my medical bills but inurance company not even ready to talk.

Thank you,

Answer
Hi Danny,
It appears that you will be presenting your case to the judge and the attorney for the insurance company will be presenting the defense.

In my opinion, your biggest job is to convince the judge that you suffered $7,800 damage to your car when the car that hit you incurred minimal to no damage.

You need pictures showing the damage to the car that hit you.  If he filed a claim against your company, they will have photos and an inspection report.  You need to get copies of those.

Keep in mind that even if you win, you are only entitled to your true monetary losses.  Even though your car incurred $7,800 in damage, you are only entitled to receive it's true market value as of the date of the accident.  If you have an older car that's only worth $2,000, then that's the maximum that you can recover for damage.

Since you already have an attorney for your injuries, you might as well let him continue working that portion of your claim.

Good Luck,
Bennie