proper procedure to handling personal property damage from car accident in WA state, which court would handle civil lawsuit

Collecting for property damage due to auto accident in small claims court in WA: We have damages to our vehicle from an incident where a truck driver making a left hand turn clipped our vehicle while stopped at a red light. Their ins co denied the claim since their drivers version of what happened is different than ours and there were no witnesses. I feel if their ins co would have looked at our damages it would clearly tell his version of what happened would not have caused the damage it did. I made a complaint to the insurance commisioners office that their insurance company did not do a complete investigation. Since there were no witnesses and the descriptions of the accident were conficting they were in the right to deny our claim. The ins commisioners office suggested small claims court...so I filed a case. Since the date for court has been set another driver hit our vehicle and totaled it. We have received a settlement check and no longer have the vehicle. Do we still have a right to damages from the first incident since they were never repaired. I did get a repair estimate for the first incident the day it happened. Does the first guy get off the hook because someone else caused damage after him???
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My question is do I still have a claim for small claims court.
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Answers (1)

Michael John Fisher

Michael John Fisher

Contributor Level 3
The defendant in the first accident is still responsible for the damage he caused. The key thing is that the damage caused by the first accident be properly documented. It sounds like you have done so since you have photographs and a repair estimate. The fact that the vehicle was subsequently totaled should not effect your claim against the person that originally hit you. Even if your vehicle had not been subsequently totaled, and you collected from the the person that originally hit you, there is no requirement that you actually have the vehicle repaired. You are still entitled to compensation for the damage to your vehicle.
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