So what do you have to lose if you go to court? Since the adjuster says you will lose, if you win, you are ahead of the game. I say go to small claims court and give it your best shot. And if you do lose, that is what is expects. When you go to court, make sure to bring photos of the street, photos of your car, the paperwork showing the cost to repair and your witness.
The adjuster's opinion means nothing in a court of law. You can fight this but you will need help from an attorney to present your case to a judge.
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.
No injury? Property damage only? You both have same ins co? So is ins co paying to fix both cars? You can go to small claims court for your damage. Have your witness present to verify what you say happened. Did you take photos at the scene showing location of cars at impact and the parked cars ahead of her?
If there were no injuries, you should report the claim to your insurance and open a claim with hers either directly or through your insurance carrier.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.
If you are not hurt, let your insurance company take care of the claim. If your insurance company will not do so, hire an attorney to advice you what to do next. Best of luck.
This answer is provided by Manuel A. Juarez, Esq., Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
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