Car Accident small claims, whats you opinion?

Question

Ok so 2 weeks ago i got into a car accident where i was making a left turn in a one way road, a lady tried to pass me on my left side and as i was turning i hit her back tire, now her insurance will not pay for 100% of the damage on my car. They say that i should have seen her therefore could have prevented the accident. I've decided to go to small claims on this case, do you think i can win the case?

Answer 1

Yes, with the information you provided and, assuming you signaled your intent to turn. Why are you going to small claims court? That should be the responsibility of your insurance company.

As for the insurance companies argument: counter argue that if they had not insured her, she would;d not have been driving, so she would not have been there to hit you, so, they are as liable as she is. By the way, the insurance company has already cut you a check, they just don't want to give it to you. Every day they delay it, it's money in the bank for them.  

Answer 2

it's totally her fault as she was trying to pass you and it's not your problem if she didn't see your blinker

where is your insurance company, aren't they going to help you in this?

you should have no problem collecting in small claims court

Answer 3

are you in a no-fault state? It really depends. I was in the street, when

this motorists backed out of her drive-way and hit my car on the back

passenger side. Cop didn't ticket her, because he said he would have

to ticket me.  Go figure.

I would say you could go to small claims court, suing the lady.

You might want to research on internet.

Answer 4

i don't understand the accident, you were making a left turn on a one way street when someone passed you on the left.

were you not in the left-most lane?

or were you making a lane change?

clarify please.

Answer 5

Sue her!! Sue her for all she's got! or the most you can in a small claims! Dang Insurance, trying to get away with not paying it all. They have to cover 100%, they have to pay for their client's irresponsible/wreckless driving!! She was totally wrong, she tried to pass you on an intersection, coming up blind curve no passing zone! A few seconds more and she could of 'T-boned" you and who knows what would of happened. You can so win!  

Answer 6

She went around you so she made unsafe lane change.

Why isn't your insurance company or agent helping you?  Did you have collision coverage?  If you do have your insurance company fix your car.   Did your insurance company say it was her fault?  If they did have your insurance company fix your car and fight to get your deductible money back.    Please provide these details for more help.

If her insurance company will not pay you 100% call the insurance commissioner or Dept of Insurance in your state and file a complaint.