I was recently in a car accident and my car was hit and totalled by a girl who ran a red light.?

Question

She of course did not admit to running the red light and claimed she had a green when the cops showed up. When I got the police report it stated that they were unable to determine who was the fault driver. She gave false insurance information to the police and I found out she was uninsured. The cop said she would get cited. I was told now that my only recourse is to take her to small claims court. Does anybody now about how I should handle this? I have never been in court and do not know what to do or expect. Do I request a trial jury or a judge to determine the outcome? Can anyone PLEASE help!? Thanks so much!

Answer 1

let your insurance company do most of the leg work.  hire a personal attorney to help you, too.

Answer 2

Get a lawyer and request a jury trial. Or if you think you could do it  you could just go talk to the judge yourself but the other girl needs to be there and most likely the only way that can happen is to get a lawyer to order her to be there.

Answer 3

I always thought that if someone didn't have insurance that they should automatically be at fault regardless.  Definitely talk to a lawyer to see if this is true or not.  Also perhaps if there were any witnesses that would help to prove that the light was indeed red when she went through it.  Best of luck to you and I'll add you to my prayers tonight!

Answer 4

My sister was hit from a guy who ran a stop sign. She found out that he had no insurance! The SOB got off and my sister had to pay for her car and luckily she didn't get hurt. We were so mad! If I get in an accident the first thing I am going to do is look ask to see their insurance and if they dont have any then my family will have to come bail me out of jail!

Answer 5

sweetheart, if u have full coverage insurance your insurance company will pay to have your vehicle fixed, medical bills, ets and then they will go after the other party to re-coup their losses...u won't have to take her to court at all....its because when u purchase full coverage insurance it also includes an uninsured/underinsured motorist clause.

if u have just liability, then yes you must take her 2 small claims court. go to your court house, purchase the necessary paperwork, specifically for small claims court. fill it out and have her served.

in court, you already have the necessary paperwork to win, ie: police report with false info, etc. the judge will listen to both sides and you'll most likely be the 'winner'...

now, i placed 'winner' in parenthesis because if she has nothing, all you'll 'win' is the case...y, because u can't squeeze blood from a turnup and u can't get a settlement from someone who has nothing.

small claims court costs initially including having her served, $60. u do not need an atty, but u can get one if u wish...but u have enuf info 2 'win' the case.

talk 2 ur insurance company agent, he can best advise you.

good luck and GOD bless.

Answer 6

Talk with a lawyer.