I was rear ended in a car wash. They provided me with videos of the collision. The car behind me clearly jumps up over the rollers and hits me before her brake lights come on. My brake lights come on after she hits me. Her insurance is denying the claim. My insurance says it is 100% her fault but in that my deductible is more than the damage, they can't help me. I provided both insurance companies with the videos of the collision and the adequate spacing at the beginning. I contacted their dispute department and they are still denying because 'there is not enough evidence to show our client was at fault".
You can certainly try, but if your deductible is more than the damage, that means you have a relatively small claim, and with no personal injuries as well as very minimal damage to your car, there's little for any lawyer to take a contingency interest in. That means you'll have a hard time finding a lawyer to represent you.
Try proceeding against the other driver's insurer in Small Claims court. File a Petition against the other driver, and she'll have to pay you, or tender your claim to her insurer.
Make sure you have a written estimate (or 2 or 3) for the damage. That and the videos is all the evidence you need to prove your negligence case, which elements are 1) her duty not to be negligent 2) her breach of the duty, by hitting your car and 3) your damages.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me...
If you're hurt at all, call a lawyer. Sore neck, stiff shoulders, anything. I've seen $250k policy limits paid out on less than $2k in property damage. That case was certainly extraordinary and atypical, but it just goes to show that the damage to one's vehicle doesn't necessarily reflect the kinetic energy your body absorbed. Toyota Corollas are notorious for being less susceptible to property damage, while still injuring their passengers.
Go talk to a lawyer about this question, and do not rely on my answer for any purpose. I am not your lawyer by virtue of answering this question. If you want to hire me, please contact me...
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline