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rekhamohan · Mar 11, 2010, 09:52 AM

I had accident last month.It was other guy's fault. He admitted it. So I didn't call the police & no police report. After filing the claim with his insurance company, he has said that it was my fault. So his insurance company denied my claim. They say that they denied the claim because there is no police report. Please help.

LearningAsIGo · Mar 11, 2010, 10:04 AM

I'm sorry but this is why you should call the police when an accident occurs.

Now it is your word against his and will be nearly impossible to prove he's at fault. This person probably knew that, which is why he suggested not calling the police.

Are there any witnesses you can contact to testify on your behalf?

excon · Mar 11, 2010, 10:30 AM

Hello r:

Sue him in small claims court. Maybe the judge will believe you. Try Judge Judy. They'll fly you to NY and it'll happen quick. They also PAY the judgment, that's why most defendants are willing to go.

excon

JudyKayTee · Mar 11, 2010, 08:34 PM

I'm a liability investigator - I've NEVER heard of an insurance company denying a claim because there was no Police Report. The Police are after the fact witnesses and while their report is helpful it is by no means the final decision.

Go back to your company and ask that this be clarified.

You can also sue the other party in Small Claims Court - take your proof (diagrams, photographs). The Judge will hear both sides of the story and decide which story is most feasible.

Fr_Chuck · Mar 11, 2010, 08:40 PM

I will say that yes, I know of insurance companies that often deny most claims the first time, if they can find a reason,

It is not that there is not police report, it is because their driver says it was your fault and they are going to believe them, since you can't prove it ( i.e. police report) there is no evidence that their driver is lying or wrong. So they believe them and say you are lying.

At this point you turn it over to your insurance and/or sue them in court over the claim.

The place of the body damage is often a good way to tell, where it happened, who was pulling out of where and so on

rekhamohan · Mar 12, 2010, 02:14 PM

Originally Posted by LearningAsIGo

I'm sorry but this is why you should call the police when an accident occurs.

Now it is your word against his and will be nearly impossible to prove he's at fault. This person probably knew that, which is why he suggested not calling the police.

Are there any witnesses you can contact to testify on your behalf?

No witnesses

rekhamohan · Mar 12, 2010, 04:28 PM

Originally Posted by excon

Hello r:

Sue him in small claims court. Maybe the judge will believe you. Try Judge Judy. They'll fly you to NY and it'll happen quick. They also PAY the judgment, that's why most defendants are willing to go.

excon

Thanks for your suggestion.

Can you tell me how much is it going to cost in total if I go to small claims court? Do I need an attorney to handle this case?

ScottGem · Mar 12, 2010, 05:09 PM

Small Claims court fees vary by locality. So you need to check with your local court system. Its generally not very expensive, might be a couple of hundred total. How much were the repairs to your vehicle?

Even if you do win, and without knowing the full circumstances it hard to tell, you will still have to collect and that's the hardest part.

AK lawyer · Mar 13, 2010, 12:16 AM

Originally Posted by rekhamohan

Thanks for your suggestion.

Can you tell me how much is it going to cost in total if I go to small claims court? Do I need an attorney to handle this case?

The idea of small claims court is that you should be able to do it without an attorney. In fact most attorneys will not take a small claims case. It is simply not worth their time.

rekhamohan · Mar 16, 2010, 03:00 PM

I met with a minor car accident last month. It was other party's fault. He admitted it. So I didn't call the police. After that he changed the story that it was my fault. I am planning to sue this guy in Small Claims court but I do not have the most important evidences such as witnesses & pictures taken on the scene. I just have his information such as his insuance no, his name & address but this guy doesn't have my info. Also I have the pics of the damaged parts of my car & an estimate for that. With that, Can I prove my case? Do I need to collect any other evidences? Please help.

Thanks in advance for reading..

JudyKayTee · Mar 27, 2010, 06:32 AM

The Judge will listen to both parties and then make a determination based on which story sounds more plausible as well as any evidence HE may have (because you have none). I've seen people with absolutely no evidence win. I've also seen people with a lot of evidence lose.

EDIT: You have photos, you can draw a diagram, you can hope that your description is sufficient.

ScottGem · Mar 27, 2010, 07:10 AM

Without knowing the circumstances of the accident, there is no way to advise what your chances are. Unless, you had a signed statement from the other driver or witnesses to his admission then you should have called the police.

JudyKayTee · Mar 28, 2010, 07:52 AM

I just noticed that this has been asked and answered before - please, post once.

https://www.askmehelpdesk.com/small-...lt-456977.html

ScottGem · Mar 28, 2010, 09:12 AM

Please do not start a new thread for follow-up questions. I've merged your threads for you.