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Can I Bring Insurance Company To Small Claim Court After An Automotive Accident?
16 Dec 2009right after the accident, i told other driver’s insurance company that damage on spot A. After closely looks (several days later), i found that there scratches on spot B . I called and told other driver’s insurance company. Other driver’s insurance company company agree to pay damage on spot A only just because the other driver said “he did not cause damage on spot B”. Since, i have evidences (not the damage on my car) that cause the damage on spot B, Can i bring insurance to SMALL CLAIMED COURT ? thanks
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5 Responses to Can I Bring Insurance Company To Small Claim Court After An Automotive Accident?
oklatom
December 17th, 2009 at 1:32 am
Just modify your claim to include the additional damages. They will have to either pay or show proof their insured didn’t do the damage.
opal1331
December 17th, 2009 at 5:02 am
Best bet is to bring claim against driver that caused the damage, as the insurance company did not cause any damage. They will in turn have to represent the other driver and then be liable for the damages as determined in court.
shjf47
December 17th, 2009 at 10:20 am
No. The insurance co. did not cause the damage, but you can take the other driver to court. Didn’t the insurance co. send an adjuster to look at the damage? also,you should have presented the proof about spot B to the insurance co.when you filed the claim. And, you should have gotten an accident report. The officer would have determined the at fault party. Never admit fault at the scene of an accident.
maxinebo
December 17th, 2009 at 1:08 pm
You will need to bring the driver and/or the owner of the other car. Small claims court law varies from state to state. Most don’t allow lawyers. Go to court prepared with any photos or reports, etc. By the way, you can file a claim against anybody. Whether you will win is a different story. And Oklatom has a good idea.
mbrcatz
December 17th, 2009 at 1:27 pm
sure, but you’ll lose. The INSURANCE COMPANY didn’t cause the damage.
You have to sue the other driver, if you want to win, not their insurance company.