The striking vehicle insurance company states that our stories are different, so their client is not liable. I have to pay for the damages.
Car / Auto Accident Lawyer
Your best bet is to have your carrier pay and Subrogate versus the other driver's carrier. Small claims against the other driver may be tougher procedurally than you realize.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
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Personal Injury Lawyer
No, and if you do it will be quickly dismissed.
If you want to pursue it you should do instead is file against the driver of their car. The other driver's insurance company will hire an attorney to defend them, because of this you should consider hiring an attorney as well or at least consulting with one. If you were a cause or partial cause of the collision you may also be counter sued - if this occurs be sure to provide notice of the lawsuit to your insurance company.
If you had collision coverage for your car you would likely be better off letting your own insurance company pay to fix your car and just paying your deductible.
Workers' Compensation Lawyer
I agree with Mr. Hoffman. This is why you buy insurance. Have your car repaired where you know they will do a proper job, through your insurance and pay the deductible. Your insurance will get the money back and reimburse you.
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Personal Injury Lawyer
No, you must take their insured to court.
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Landlord / Tenant Lawyer
If you have collision insurance, your own insurer should resolve the issue. If you do not have insurance, the proper defendant would be the other driver, not their insurance company.
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1 lawyer agrees