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Should I get an attorney?

Reno, NV |

This accident happened a week ago. My car was parked legally in front of my house. A teenage driver lost control of her car and left 85ft of skid marks before crashing into my unoccupied car. Both parties inside the car were injured and went to the hospital. I filed a claim under their policy the morning after the accident. I also obtained and faxed the State Farm Claims department a copy of the police report that says the other party is at fault. The insurance company has told me that the other party has not called back so they can't start the claim. I am also without a car since the other party wrecked it to the point where I can't drive. I haven't towed it either since the insurance company says they need to "investigate" the accident still. What should I do? File a complaint against the company or get a lawyer ?

Attorney Answers 6


If you have insurance, report the matter to your carrier. You should also report the matter to the State Insurance Commissioner. A lawyer would likely cost too much.

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Have you contacted your own insurance company to report the claim? If not, you should do so immediately. Assuming you have adequate coverage, your insurance company will likely make arrangements to have your vehicle repaired and will then seek reimbursement from the at fault party's insurance.

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Most attorneys will not handle a property damage only claim on a contingency. However, if your friends are seeking legal representation for their injuries, it's possible the attorney would help with the property damage claim. Alternatively, depending on the amount of your damage and the jurisdictional limit of small claims in Nevada, you could consider filing in small claims court.

Good luck.

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Report it to your insurance company to resolve.

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Collision insurance pays for damage to your car, not the other guy's, and it's optional. After all, you can sue someone you think is to blame for damages to your car. So why buy collision insurance, unless you have to (for instance, if you are financing a car)? For a number of reasons:

You may be the world's most careful driver, but it is still possible that you will cause an accident or be held responsible for one. In that case you can't collect for damage to your car from the other driver. Collision coverage will pay for the damage, even if an accident is your fault.

You may think an accident is the other driver's fault, but he may disagree, casting you both into lengthy legal proceedings. With collision coverage, your company can repair the car and take over your claim against the other driver (a procedure known as subrogation). Your company is ethically, but not legally, bound to fight for enough money to pay you back part or all of the deductible

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If you have collision damage coverage on your automobile, your carrier can process your property damage claim under your collision coverage.

Legal Disclaimer:

If this information has been helpful, please indicate below.

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 ensure proper advice is received.

This ans. does not create an attorney/client relationship.

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