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Do I have to got through my insurance for a car accident that was not my fault?

by Natalie
(Compton, CA, USA)

About a month ago I had a car accident that involved one more car. The driver of the other car was an older (mid 70's) woman.

There was no police report done. I made a claim with my insurance company as well as hers.

No one admitted fault; its word against word so my insurance company will pay for my damages if I pay my $1,000 deductible. Is there a way that I could take the driver to small claims or do I have to go through my insurance company?


Hello Natalie,

Insurance and small claims court are two different processes, and yes, you can elect both.

Your insurance company can take her insurance to arbitration and they would be bound on the decision. However, that decision does not bind you, you can still elect small claims court.

For more about small claims court, please see:

Good Luck,
Auto Insurance Claim Advice

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