QuestionI 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.
Answer1. You are right to sue the negligent party (might not be the owner unless the driver was clearly unqualified to drive). If driver and owner are the same, then it's easy. You can name both driver and owner if the circumstances fit.
2. In my experience, Farmers will not change their mind. Trust me. They will send a representative to small claims court and try their luck.
3. Pre-trial negotiations are not admissible as evidence.
4. Filing a complaint is suggested just because it shows due diligence, but don't expect it to get you any resolution.
5. It will not be many months from now if you use Small Claims Court, and even if it does take longer for some reason, I would suggest not getting rid of your evidence. You can still prove your damages by way of an appraisal and photos, but having the vehicle is a better option.
I hope this helps, and if you need more detailed information, feel free to contact us directly. Simply search the internet for the petty details of claims and you'll find my direct number. We surprise people every day.
