QuestionQUESTION: A few months ago, another car hit my car as it was changing lanes. As I do not have collision insurance, I have been trying to collect from the other party's insurance. The other party's insurance did send out an adjuster to look at my car, but denied my claim on an inaccurate police report.
I had the police officer amend his report. I faxed and sent the revised report to the other party's insurance company, but have not heard from them. I have called and written repeatedly without avail.
I'm sick of this run-around, and want to take the insurance company to small claims court. My questions:
1.) Do I have to file my claim in the town where the accident happened or can I file the claim near a branch of the insurance company as the company is a national company with branches everywhere?
2.) How does one find the exact owner of the insurance to sue? (It's Traveler's insurance, by the way.)
3.) Anything else I should know?
Much thanks.
ANSWER: Hi George,
Your small claims suit will be against the driver, not the insurance company. When you win, his company will be obligated to pay you the amount of damages awarded in the suit, providing the driver shows up for the hearing. If he fails to appear, you win by default, but that lets the insurance company off the hook and you have to collect from the driver.
In most states, you have the choice of filing the suit in the local where the accident happened or in the local where the other driver resides. Check with your local court to learn the law that applies in your state.
Only seven states do not allow an attorney in small claims court.
37 allow an attorney under all situations and the rest allow an attorney under certain conditions. If an attorney is allowed, the other drivers insurance company will provide him a defense attorney for free. You will need to decide whether to hire an attorney or present your own case.
I hope this information has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area
---------- FOLLOW-UP ----------
QUESTION: Bennie,
Your response has been enormously helpful.
The accident happened in New York City. I feel bad about having to file a small claim suit against the owner as she seems like a nice person, and its really her insurance company that I'm unhappy about.
Nevertheless, if I file a small claims against the owner, should I write her polite warning letter, asking her to pay for the damages? Should I ask her to contact her insurance company? How does that process work?
Just to give a little more detail, the original police report stated that I was crossing the intersection as the light turned red. The other party's car was making a right turn onto the road when she hit me. Her insurance denied my claim, saying that it was my fault as I had crossed the intersection on a red light and that the othe party had a green light.
If that was the case, the police office should have cited me for a ticket for crossing on red, but he did not.
I contacted the police officer and he made an amendment stating that "neither party disobeyed their respective signals."
Also, the car is under my father's name. If the case goes forward to small claims, can I present the case or does my father have to do it?
Thanks again.
AnswerHi George,
In New York State, an attorney is allowed in small claims court at all times.
This means that the other party will be provided a free defense attorney by her insurance company. You and your father will have to make a decision as to whether present your own case or hire an attorney.
Since the other party's statement on how the accident occurred is the primary reason that your claim is being denied, I don't feel that you owe her any kind of warning letter.
The first police report placed you at fault, however, the amended report stating that "neither party disobeyed their respective signals" puts no one at fault, which means that the case will probably be settled based on each of you being a percentage at fault because there are no witnesses and a police report that places neither party at fault.
New York recognizes the Pure Comparative Fault rule which allows a damaged party to recover even if it is 99 percent at fault, although the recovery is reduced by the damaged party's degree of fault.
This means that the court could rule the settlement anywhere between 50/50 and 99/1.
You will have to discuss this with the court clerk, but your father will probably have to file the suit as the owner and summons you as a witness as the driver.
Go to: http://www.tenant.net/Court/Howcourt/sclaim.html
and read A Guide to New York Small Claims Court. You will find that site to be very informative.
The feedback form at the bottom of the page allows you to rate my answers. I will appreciate you taking a moment to do that.
Sincerely,
Bennie
