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Greetings. I was recently involved in an accident in which my car was
hit from behind. I moved my car to the side and called the CHP. I
then exchanged information from the driver that hit my vehicle and
when the CHP (the officer did not write a report down but he did call
the guy's insurance) arrived, the officer verified the driver's
insurance (he did not have a California driver's license but had a
valid Mexico id and US insurance). His insurance company called me
and said that the driver is claiming another car hit him in the car
which caused the accident and after investing my car and his they are
taking his side (I have to go through my insurance company for the
repairs). When the accident occurred I did examine his rear bumper
and because his vehicle is old - it had previous damage both to the
front and to the back and I could tell that it had been in previous
accidents. Do I have a chance in taking the driver to small claims
court and suing for my damages? I do not think that he was hit from
the rear based on his car's condition. Thanks for your time.
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If he didn't bother to stop this ghost driver, who supposedly hit him first,
then he's out of luck. It's 100% his fault.
You should sue him for the deductible you had to pay. After you win, your
insurance company will most likely sue him & his insurer to recoup the amount
they are out.
....................
I do not killfile nor use do-not-call lists.
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H! wrote:
Greetings. I was recently involved in an accident in which my car was
hit from behind. I moved my car to the side and called the CHP. I
then exchanged information from the driver that hit my vehicle and
when the CHP (the officer did not write a report down but he did call
the guy's insurance) arrived, the officer verified the driver's
insurance (he did not have a California driver's license but had a
valid Mexico id and US insurance). His insurance company called me
and said that the driver is claiming another car hit him in the car
which caused the accident and after investing my car and his they are
taking his side (I have to go through my insurance company for the
repairs). When the accident occurred I did examine his rear bumper
and because his vehicle is old - it had previous damage both to the
front and to the back and I could tell that it had been in previous
accidents. Do I have a chance in taking the driver to small claims
court and suing for my damages? I do not think that he was hit from
the rear based on his car's condition. Thanks for your time.
He's responsible for striking your vehicle regardless.
Had there been enough clearance between the two vehicles, he would not have
hit you.
It sounds like the insurance company is on the shady side.
If the state has an insurance board, call them and ask about the company and
what your recourse is.
If he's a resident of Mexico, chances of getting him into court is slim.
Chances are there was no third vehicle involved and he was using that
knowing his insurance company would back him up on it as he's probably used
the same line before.
Pester the insurance company and take them to court if they refuse.
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H Dhesi wrote:
Greetings. I was recently involved in an accident in which my car was hit
from behind. I moved my car to the side and called the CHP. I then
exchanged information from the driver that hit my vehicle and when the CHP
(the officer did not write a report down but he did call the guy's
insurance) arrived, the officer verified the driver's insurance (he did not
have a California driver's license but had a valid Mexico id and US
insurance). His insurance company called me and said that the driver is
claiming another car hit him in the car which caused the accident and after
investing my car and his they are taking his side (I have to go through my
insurance company for the repairs). When the accident occurred I did
examine his rear bumper and because his vehicle is old - it had previous
damage both to the front and to the back and I could tell that it had been
in previous accidents. Do I have a chance in taking the driver to small
claims court and suing for my damages? I do not think that he was hit from
the rear based on his car's condition. Thanks for your time.
I was invovled in such an accidend one time, where I was the middle car. I
was rear-ended, and pushed into the car in front of me. Subsequently, the
driver of the car in front of me sued me (claiming whiplash). My insurance
company's lawyer told me that he had to sue me, since it was my car that ran
into his, and not the car behind me. They took care of everything (including
collecting my damages), and I never heard a thing more about it.
--
Theodore A. Kaldis
kaldis@worldnet.att.net
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Aparently you ae only claiming property damage, and if I get you
correctly, you want to know if you can go to small claims court rather
than collect from you collision insurance. Of course you can go "if"
you can get jurisdiction over the driver. While your state probably has
a method to sue ot of state drivers, it MAY not be available in small
claims court, and you must contact the court to find this out. As you
insurance will probably count the accident against you ragardless of
fault, decide what you gain by handeling it yourself. If you did not
notify your insurance company when the accident occurred, you may have a
problem with them.
good luck
Fred
Theodore A. Kaldis wrote:
H Dhesi wrote:
I was invovled in such an accidend one time, where I was the middle car. I
was rear-ended, and pushed into the car in front of me. Subsequently, the
driver of the car in front of me sued me (claiming whiplash). My insurance
company's lawyer told me that he had to sue me, since it was my car that ran
into his, and not the car behind me. They took care of everything (including
collecting my damages), and I never heard a thing more about it.
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Aparently you ae only claiming property damage, and if I get you
correctly, you want to know if you can go to small claims court rather
than collect from you collision insurance. Of course you can go "if"
you can get jurisdiction over the driver. While your state probably
has a method to sue ot of state drivers, it MAY not be available in
small claims court, and you must contact the court to find this out.
As you insurance will probably count the accident against you
ragardless of fault, decide what you gain by handeling it yourself. If
you did not notify your insurance company when the accident occurred,
you may have a problem with them.<br>
<br>
good luck<br>
<br>
Fred<br>
<br>
Theodore A. Kaldis wrote:<br>
<blockquote type="cite" cite="mid3FCAD207.93E4D78A@worldnet.att.net">
<pre wrap="">H Dhesi wrote:
</pre>
<blockquote type="cite">
<pre wrap="">Greetings. I was recently involved in an accident in which my car was hit
from behind. I moved my car to the side and called the CHP. I then
exchanged information from the driver that hit my vehicle and when the CHP
(the officer did not write a report down but he did call the guy's
insurance) arrived, the officer verified the driver's insurance (he did not
have a California driver's license but had a valid Mexico id and US
insurance). His insurance company called me and said that the driver is
claiming another car hit him in the car which caused the accident and after
investing my car and his they are taking his side (I have to go through my
insurance company for the repairs). When the accident occurred I did
examine his rear bumper and because his vehicle is old - it had previous
damage both to the front and to the back and I could tell that it had been
in previous accidents. Do I have a chance in taking the driver to small
claims court and suing for my damages? I do not think that he was hit from
the rear based on his car's condition. Thanks for your time.
</pre>
</blockquote>
<pre wrap=""><!---->
I was invovled in such an accidend one time, where I was the middle car. I
was rear-ended, and pushed into the car in front of me. Subsequently, the
driver of the car in front of me sued me (claiming whiplash). My insurance
company's lawyer told me that he had to sue me, since it was my car that ran
into his, and not the car behind me. They took care of everything (including
collecting my damages), and I never heard a thing more about it.
</pre>
</blockquote>
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