A woman hit me on my bike. Her insurer rejected the claim. What are my options now?

a woman hit me as she was turning (right) onto a side street. i was going with traffic straight and she didnt see me. i took her insurer info. we both noted that my bike was pretty toasted , bent wheel handle bars and frame. she said shed pay for it, felt bad, apologized she didnt see me. now her insurance co BIG SURPRISE wont pay to replace bike, says shes not at fault. after the accident everyone said dont be nice! she totalled your bike and you got banged up but i dont lke to make a fuss. i shouldve listened and got a lawyer. i just want her to pay for the biike and not sue her sue her. can i do small claims court (bike = $900)? can i sue just her and not her insurance company?

Providence, RI -

Attorney Answers (8)

Carl P DeLuca

Carl P DeLuca

Personal Injury Lawyer - Warwick, RI
Answered

You would sue her. Her insurance may or may not cover her but they will probably defend her against your claim. If you win and she is properly covered, the insurance company would pay - but none of that changes the fact that you sue her.

Rhode Island is a very small jurisdiction so it's important that you consider the possibility that people who you... more
Donald Arthur Woodbine

Donald Arthur Woodbine

Car / Auto Accident Lawyer - Providence, RI
Answered

I would recommend that you speak with an attorney in your area immediately. There are some insurance companies (I won't say which ones) that are very aware their insured was to blame, but won't pay simply because you don't have someone representing you who will fight for you, so they think they can just sweep the whole incident under the rug. Do not feel bad about suing her; you are really asserting your rights against the insurance company, and she will just have to understand that. As an example, there are wives who sue husbands just for the sake of winning against the insurance company. Don't hesitate to call someone who deals with them on a daily basis, and don't stop treating for your injuries just because the claim was denied. This doesn't end here.

D. Robin Gouveia

D. Robin Gouveia

Car / Auto Accident Lawyer - Pawtucket, RI
Answered

Yes, small claims is likely the best forum for you to handle a straight claim for the property damage this woman caused to your bike. You would sue her directly (name her as the defendant) but send a copy of the complaint to her insurance company as they would, under her contract with them, defend it (or simply appear in court) and they would be responsible to pay any judgment you get.
If; however, you were injured, I would urge you to contact an experienced personal injury attorney for assistance. They deal with this type of issue very often and can direct you in the right direction.
Good luck!

John T. Longo

John T. Longo

Chapter 7 Bankruptcy Attorney - Providence, RI
Answered

Sounds like small claims court is your best option. Below is a link to information that will help you sue her there.

I am giving you general information about the law. To give you legal advice I would first have to learn more about... more
Charles William Hinnant III

Charles William Hinnant III

Personal Injury Lawyer - Charlotte, NC
Answered

If the insurer rejects the claim, your only options are to attempt to persuade them to accept, which is almost always a losing endeavor, or file suit. Given the relatively small damages, small claims court is likely the place to go. Make sure to ask for costs if you file pro se.

Jeffrey Mark Adams

Jeffrey Mark Adams

Car / Auto Accident Lawyer - Bronx, NY
Answered

I've never known an insurance company to do something because its "nice". Small claims will hear your claim. Good luck.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
Albert Lee Crosner

Albert Lee Crosner

Personal Injury Lawyer - Manhattan Beach, CA
Answered

Yes, you can sue her directly in small claims court. Sounds like you would win. Good luck.

Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The... more
Christian K. Lassen II

Christian K. Lassen II

Car / Auto Accident Lawyer - Philadelphia, PA
Answered

Small claims court

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