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Is it worth disputing a property damage claim on auto insurance?

Sunnyvale, CA |

Someone rear hit my bumper on a small street around a big mall area. Police said it is still considered parking area so no police report. I filed a claim on his insurance since I only have liability coverage. I got a denial from the claim and reason is "the insured states that they did not make impact with your vehicle and there is no corresponding damage to our insured's vehicle to support your claim".

Now, is it worth disputing this claim and suing on a small claims court? If so, what evidences are needed and what chances I will have to win? The property damage I'm claiming maybe set around $500-$1k. Also, my car is already 12yrs old but in an excellent condition. Please help advise!

Attorney Answers 4

Posted

Small claims court is always an option. If you were injured in the accident, then you should seek medical attention immediately and consult with an experienced personal injury attorney. I have over 20 years of experience protecting my clients' rights and getting them the settlement claims they deserve.

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Posted

What proof do you have as to who impacted your car? Even to file a small claims case you will still need to show your proof. Evidence could include photographs of the other persons car that impacted yours with the paint still showing on their vehicle. Other evidence could include any eyewitnesses. With the cost of litigation, small claims may be your better route if you can come up with the proof you need to prevail in your claim. Good luck.

I am only licensed in Arkansas. No part of this answer should be construed as creating an attorney client relationship.

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1 comment

Daniel Nelson Deasy

Daniel Nelson Deasy

Posted

Excellent points raised by my colleague. Filing a lawsuit guarantees you nothing other than a potential trial!

Posted

If the time and effort is of no important to you, take your case to small claims. As noted in other answers, however, you still have to prove your case and show it is more likely than not that the other car hit you!

Objective evidence would be a great place to start (not just your word).

Good luck!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Posted

You can show the Court a picture of the damages you sustained, and if you can find the other driver's car, take a picture and see if there is any noticeable damage. You will have to determine whether or not you noticed any damages to the other vehicle at the time of the accident; otherwise, if there is no witnesses, it is going to be a he said/she said situation and the Court may rule in favor of the most convincing participant. If someone saw your vehicle earlier that day and notices there was no such damage at that time, that could be a helpful witness.

This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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