How can I sue an automotive insurance company?
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Friday a guy hit me from behind at a red light. we called the police. they asked us to move about 25 feet out of the road so they could get traffic moving. when i moved it, my tie rod in the front broke. the cop put it down on the report as his fault and my car not drivable. but now his insurance company will not pay. they say that it the wreck did not cause this. even though it was fine before the wreck. not only that they want me to pay for the towing and lot storage fee. the police called the tow and they new about this since friday , they just waited the weekend and memorial day until they could get an adjuster out to look at it. it is easy to me guy hit me car no longer works. I need help, how can i sue them, any help would be apriciated..
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fighting saints said:
OK, first off you can’t sue the insurance company. You HAVE to sue the other driver. If you name the insurance company in the lawsuit paperwork the court/judge will toss the lawsuit out and you get to start all over.
Secondly, don’t go into court thinking that just because the tie rod broke at the scene of the accident that you will win on that issue easily. I attend small claims court hearings a lot and it amazes me how many people go in unprepared. You will need to have a repair shop write up an estimate for repairs and they will need to include their professional opinion that the tie rod breaking was accident related. It’s hard for me to believe that a tie rod breaking is related to a rear-end impact, but I haven’t seen your car.
If you have collision coverage of your own, I suggest that you try them first. They may be easier to deal with than the other guys company.
As the owner of the vehicle you have a legal duty to pay the tow/storage fees. You should get reimbursed for them from one of the insurance companies. You also have a duty to mitigate (lessen) your damages by getting the car out of the storage lot. So don’t let it sit there very long or you will get stuck with a huge bill and the insurance company won’t owe the whole thing.
Good Luck
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0February 2nd, 2010 at 8:06 pm -
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