Auto Accident: Worthwhile suing other driver in small claims?

[lsd]

Geico.

 

[waffleironhead]

It boggles the mind that the insurance company would deny the claim when you had a signed paper of the other party admitting fault.

 

[Ketchup]

Same here waffleironhead. I really don't understand why they aren't covering this for you OP. I thought Geico was pretty decent.

As far as your car insurance, we still have full coverage on both of our cars. As was mentioned, the price difference can get pretty low as the car ages, so for us it is currently worth it for the JIK factor. We didn't have it in the latter years of the two previous cars, as they were not worth the cost (old Mustangs aren't worth much, but the cost of insuring them is still high). So I hate that you had to learn this lesson the hard way here. Best of luck to you!

 

[JulesMaximus]

The accident happened in September and we have had a lot of conversations about it. She is disgusted as I am about how we were treated by the other owner and his insurance company. This is playing a role in wanting to take this to court.

Was the car important to me? No, it was due for replacement this year (2017). I do not know how much full coverage would have cost but liability alone on the 205k mile 2003 g35 was more than the full coverage on my new 2016 car.

That's what year my Maxima was. I got rid of it back in 2013 after 10 years and 130,000 miles of ownership. Had full coverage on it the entire time.

Sorry you had to go through this. It sucks when people don't stand by their word and try to screw you over. Hope everything gets resolved for you and your wife.

 

[kaerflog]

Note to self. Wait till the police arrive if I ever get into an accident.

 

[Meghan54]

Note to self. Wait till the police arrive if I ever get into an accident.

Well, duh!

 

[Ns1]

It boggles the mind that the insurance company would deny the claim when you had a signed paper of the other party admitting fault.

I agree with this, but wouldn't this make small claims court a 5 minute process?

Note to self. Wait till the police arrive if I ever get into an accident.

in CA, unless you're hurt, you're going to be waiting awhile because they're never going to come.

 

[Carson Dyle]

So, what was the cost estimate to repair the damages?

What are the financial risks of taking it to small claims court and losing? Filing fees, and ... ?

 

[RockinZ28]

in CA, unless you're hurt, you're going to be waiting awhile because they're never going to come.

Yup I can attest to this. Got rear ended by a girl in my company vehicle. Company policy was to always get a police report.

Police said if no one is hurt, we're not coming. Did same as OP. Had her sign a statement admitting fault, got her info and left.

 

[JEDIYoda]

"My wife tells me..." OP
"Stop, that's hearsay, Mrs., come up here tell me about the accident." Judge.

<---- This

 

[lsd]

So, what was the cost estimate to repair the damages?

What are the financial risks of taking it to small claims court and losing? Filing fees, and ... ?

Low end quote is $3800, that's with cheaper aftermarket parts. There's significantly more damage than it appears.
Court costs look to be around $450.

I scheduled a consultation with an attorney next week. These are court appointed attorneys and can not take a case. I'll decide then whether to file or not.

 

[momeNt]

Somebody not obeying traffic signals... like stopping at a green light, stopping to make a left turn or a u-turn where no left turn or u-turn is allowed from the left-lane, is not necessarily a cause for fault.

The driver has a responsibility to maintain a safe-stoppable distance from the cars in front of them. If they were in your lane before performing the "illegal" maneuver, you could be at fault.

Not a lawyer, but I do have google.

weigh this against the fact that you may have to pay for their repairs too....

Rear-ending is almost universally "at-fault"

 

[lsd]

Somebody not obeying traffic signals... like stopping at a green light, stopping to make a left turn or a u-turn where no left turn or u-turn is allowed from the left-lane, is not necessarily a cause for fault.

The driver has a responsibility to maintain a safe-stoppable distance from the cars in front of them. If they were in your lane before performing the "illegal" maneuver, you could be at fault.

Not a lawyer, but I do have google.

weigh this against the fact that you may have to pay for their repairs too....

Rear-ending is almost universally "at-fault"

The things is they were not in the left lane when attempting the u-turn. They were in the right lane and my wife was in the left lane. It was their responsibility to make sure the left lane was clear.
If I can successfully prove to the attorney that was the case I will move forward.

 

[momeNt]

The things is they were not in the left lane when attempting the u-turn. They were in the right lane and my wife was in the left lane. It was their responsibility to make sure the left lane was clear.
If I can successfully prove to the attorney that was the case I will move forward.

I read rear-ending in a couple of spots or misread. You're circumstances are a lot different. Might as well disregard my post.

 

[jtvang125]

The things is they were not in the left lane when attempting the u-turn. They were in the right lane and my wife was in the left lane. It was their responsibility to make sure the left lane was clear.
If I can successfully prove to the attorney that was the case I will move forward.

Good luck on the case. Hopefully an attorney can help get that lying jerk on the hook for the damages.

It's really amazing that these kind of accidents happen here. Just this morning I saw a driver make a right turn into a lot from the middle lane. Luckily no cars were in the right lane. And earlier this week a pickup went straight when he was in the far left turn lane of a 2 lane left turn. Again luckily there were no cars in the outer lane making a left.

 

[dainthomas]

I would never have just liability on any car, no matter how big a piece of junk it was. I had an old 82 Prelude back in the day that had the crap beat out of it in a hail storm. Still ran fine but looked like a golf ball on wheels. If I'd had comprehensive (for only a few dollars more) they would have given me a fat check and stamped the title.

Never making that mistake again.