xClaim.us

MY claim was denied by the insurance company Is it worth taking to small claims court?

I was rear ended by a driver. His house was up the street so we pulled in front of it.( yea yea i know that was very dumb, Ive heard it from everyone). But i didn't think it would matter. The insurance denied my claim because he wasn't cited. He hit me in the back regardless. Will i win in small claims court.

Public Comments

1. you should however the insurance should have paid you off
2. Most likely you will. Sounds like it would be cheaper to fix the car than pay the attorney fees. Small claims you can file yourself. Go for it.
3. I am a claims adjuster for the past 15 years. If the only reason the insurance company is denying the claim, is the lack of a ticket, then they are just stonewalling you. While police reports are a piece of evidence, they are certainly not the only evidence. There are any number of accidents every day where no police report is even made. In many jurisdictions the police don't bother with tickets if there are no injuries. You were right, it should not have mattered. The evidence seems clear. The other driver rearended you. If you truly had no contribution to the accident, then you should go after the other driver. His insurance company has a duty to defend him. Rather than go through the expense of court, they likely will work to settle your claim. Call the other carrier back and demand they put the claim denial in writing citing the basis for the denial. This will be key piece of evidence. Also keep written records of all of your damages - repairs, rental costs, etc. Every step you take, keep in mind you may end up in front of a judge and want to be prepared. Documentation is evidence.
4. You will win if you have witnesses that say he hit you or if he admits that he hit you. You might want to go: http://locate-power-of-attorney.info/ It's a site that has Lawyers subscribed to it. It's free to do and V easy