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What kind of action can I take, if any?

Florence, AL |

I was in an accident in walmart parking where I was going down a lane ( a one way lane) and a car backed into me. I didn't have insurance at the time and her insurance is not wanting to pay to fix my car. She lied and told her insurance that I swerved around a car on the opposite lane that was backing up and that is why she hit me but I was in the center of the lane and there were no cars backing up.

Attorney Answers 4


  1. What did the police report say?

    You can always bring suit, but without a police report it will not be easy unless you have a lot of photographic evidence.

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  2. You could sue the other party in the appropriate court for your damages. The other party's insurance company will then have to respond to defend the case and, hopefully Settle it with you.

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    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.


  3. Tough situation. Parking lot accidents are always tough. Frequently, the police are not called, so there may not be an accident report. And, the facts usually boil down to a "he said she said" situation. As the other attorneys have said, it is possible that a photo or two might help, particularly if the photo shows damage to the side of your vehicle. But there is no guarantee that the other party's insurer will agree to pay your damages, not matter what the photos may show. Ultimately, that's what courts are for. If the other party's insurer does not pay to fix your car, and if the damages are worth fighting about, you might consider bringing a claim in Small Claims Court. Considering that there are apparently no injuries involved, I doubt that a personal injury attorney would be willing to handle your case. Good luck.

    David Cook is an Attorney and Mediator licensed to practice law in the State of Louisiana. This response is not intended to be legal advice and does not create an attorney/client relationship. The response is intended to provide general information about the question presented; but since the question often fails to include significant and important facts that, if known, might significantly change the response, it is strongly recommended that the questioner promptly confer with an attorney in his or her own state in order to ensure that appropriate legal advice is timely received. DAVID S. COOK ATTORNEY • MEDIATOR 117 HEYMANN BOULEVARD, SUITE 12 POST OFFICE BOX 53394 LAFAYETTE, LOUISIANA 70505-3394 TELEPHONE: (337) 234-4155 CELL: (337) 288-6743 FAX: (337) 234-2937 EMAIL: davidscook@bellsouth.net To schedule a Mediation: http://www.nadn.org/david-sherman-cook To connect with David Cook on LinkedIn: http://www.linkedin.com/profile/view?id=104622386&trk=tab_pro <a href="https://twitter.com/DaveTheMediator" class="twitter-follow-button" data-show-count="false">Follow @DaveTheMediator</a> <script>!function(d,s,id){var js,fjs=d.getElementsByTagName(s)[0];if(!d.getElementById(id)){js=d.createElement(s);js.id=id;js.src="//platform.twitter.com/widgets.js";fjs.parentNode.insertBefore(js,fjs);}}(document,"script","twitter-wjs");</script>


  4. You have a right to file a small claims case if all that's involved is property damage. What she told her insurer isn't evidence in such a case unless you choose to use it yourself for some reason. Not having your own insurance means that you're at risk for stuff like this to happen. And, it's important to always get a police report because they get the facts down before the people talk to insurers or attorneys and decide to fudge the truth a bit.

    It will probably be hard to find an attorney willing to take on a property damage case since not much money is involved, but it would be worth spending a little to consult with one about procedures and what he or she thinks your chances are after hearing the whole story.

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