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Car Accident, Two Cars, Three Auto Insurance Co, What should I do?

I got into a car accidents in a military base. Both me and the other driver didn't own the cars. I was driving my gf car and have a non-owner insurance plus my gf regular insurance. The other driver's car did not have major damages, mine did. I say its her fault she says its my fault. Her insurance contacted my saying they agree to pay 50% of the damage or I can take her to court. I want to know what the best thing for me to do is? I know it wasn't my fault but how will I prove that to a judge with no witnesses or police report? If I can't prove it was her fault will my insurance go up? Also who makes the estimate for the damage to my car?

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Attorney answers (4)

Reputation Level 14
Turn it over to your insurance company and let them deal with it!
1 person marked this answer as good

Reputation Level 16
Even without a police report, photos of both cars can show who did what. Also you might revisit the scene of the accident and see if anyone saw the accident. Witnesses will change everything.

Reputation Level 16
The estimate for the damage to your car can be gotten by taking it to any auto body shop of your choice. They will give you a written estimate, which you will then present to the insurer to support your damage claim. For further information about accident claim handling, you can also review http://NegligentDeath.com

Reputation Level 7
You have two potential claims, property damage and bodily injury. It is unclear if you suffered injury from the incident. If so, the other party (or her insurance) is potentially liable for some or all of your medical expenses, lost income and pain and suffering.

Whether the other party is 50% or 100% at fault is determined by the statements of the parties and the witnesses. If there are no witnesses, the party with the most credible statement in light of all of the circumstances, including any physical evidence like the location of the damage to the vehicles (as noted above), will prevail.

If you have a property damage only claim, it may be best for you to submit a claim under your own collision coverage. The policy covering the vehicle, as opposed to the driver, is primary. That insurance company will inspect the vehicle and offer a repair or total loss settlement. They will then "subrogate" and work our any reimbursement with the other person's insurance company.

If you have injuries, it is a good idea to consult an attorney as soon as possible to investigate liability and advise you regarding your claim.

Good luck.

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