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Denial Letter from auto insurance company
I made a u-turn (Riverside, CA) after seeing no cars coming from the opposite direction. After I had completed the U-turn and was driving an SUV rear ended me. My 1994 Toyota Camry was totaled.
Before the police arrived my son and his wife arrived at the scene. When the police questioned me I could not speak. I was in shock and crying.
English is my second language and all I could do is speak in Spanish. The officer was extremely rude and kept saying to my son that he wanted me to tell him what happened.
My son told him that he could speak for me because my English was limited. Since that officer kept yelling, my son told him to call a supervisor.
The other driver was a n 18yr. old female who admitted she was on the cell phone and said that, "I came out of no-where." Her insurance has denied the claim and now I think my only recourse is to go to small claim court. Since the police officer wrote that he thought I was at fault what are my chances of winning in court. Please help me.
I believe the cop did not fully investigate the scene. Also, her insurance company, Western General, told me that they were not able to reach their insured. Also, will my lawyer receive any money if I win in small claims court, he will not be helping me with that.
Hello Katherine, I am sorry to hear this, I hope my answer below can guide you on the process.
The police evidence against you is strong but not the only factor a court looks at. If the police officer wrote he believed something, the it is a "belief", leaving the door open for conclusive evidence.
Usually, the vehicle that hits from behind pays for damages. A rear end situation like this one usually puts both drivers partially at fault (you made a U turn when there were vehicles present, the evidence is the accident itself). But she was on her cellphone and hit your from behind.
To learn more about fault in vehicle accidents, visit: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html
You should file a claim with your own insurance company and have them investigate the accident. If the other insurance company says that they are not at fault, they are saying that you are, which would also mean that they can go after you for the damages to their vehicle.
Talk to your insurance company and request an interpreter, they can help you also with that and they can guide you. If the two insurance companies disagree, they will have to go to arbitration to solve the dispute.
You can elect to go to small claims court yourself, there no lawyer and no insurance can help you (they are not allowed in this type of proceeding). This would be you against her. Will a lawyer get money, probably not but that would be an arrangement you would have to make with them.
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