How can I prove fault in small claims when the other insurance company claims that they accident was a "word vs. word" case?

Asked over 3 years ago - Eureka, CA

My insurance co. found me not at fault, however the other co sided with their client because they say it is a "word vs. word" case. The question of liability is that I had merged into the driver's lane when the light was green for a few seconds, then it turned yellow, then it turned red and a few seconds later we were hit.

Attorney answers (4)

  1. Gary Edwin Haslerud

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . It is not uncommon for each insurance company to side with their insured in a case of disputed liability. If you have injuries or damages which were the result of the other person's negligence, I would recommend you contact an attorney in Eureka or Redding to assist you. Is there a traffic collision report? Are there any witnesses? Is there any sort of traffic camera at the location of the accident? There are a lot of things that need to be examined to assisit you in establishing fault. In addition, depending on the amount of your damages or injures,small claims court may not be appropraite for your case.

  2. Nima Taradji

    Contributor Level 16

    1

    Lawyer agrees

    Answered . You need to contact your insurance company so that they can provide you with a free lawyer to defend you and prove your side.

    I hope this helps-

    Nima Taradji

    Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for informational purposes only.

  3. Andrew Daniel Myers

    Contributor Level 20

    Answered . If you can not work this out with a cool calm rational discussion, then it sounds like you are headed for small claims court. Click here for guidelines:

    http://www.avvo.com/legal-guides/ugc/how-to-go-...

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

  4. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . If you are being sued in Small Claims Court by the adverse driver, you should turn the entire matter over to your automobile liability insurance company. They have the obligation to defend and indemnify you.

    If you are talking about you suing the adverse driver to collect for your damages in Small Claims Court, it is up to you to put on competent, believable evidence. If one person says the light was red and the other person says it was green, it is the jury's responsibility to decide who is telling the truth. Credibility is everything in this type of situation.

    Legal Disclaimer:

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

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