The fact that you needed to get a statement from a witness indicates that the police were probably not called. That said, if you suffered personal injuries then it is time to talk with a personal injury attorney ASAP because things are not to going to get any better for you. If you just suffered property damage then see what they offer you before weighing a potential small claims case. Most personal injury attorneys do not handle property damage only cases.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
Get a lawyer! The insurance company will do everything it can to not pay claims. Collect up your papers (accident report, police report, medical bills/chart notes, car repair estimates and go find an attorney in your area.
The information provided was in answer to a general question and cannot be relied upon as legal advice, nor does the information provided establish an attorney client relationship. Seek out an attorney with whom you can fully explain your unique situation and enter into an attorney client relationship with that attorney.
It's time to strongly consider retaining a local area personal injury attorney. Most offer a free initial consultation, so talk to a couple and then choose one that is experienced and you feel comfortable with. Best of luck.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in 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. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
People try to handle this themselves all the time and never get what they are entitled to get. Go see a lawyer immediately and let them guide you.
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