Ask Me Help Desk - Small claims despute for vehicle accident

Today I was served with a small claims court notice to appear. I'm being sued for damages that occurred during an accident which I was found at fault. I tried submitting a "supplimental form" to have the police report changed because there was many errors and lies from the other party involved. Anyhow it was kicked back denied. My insurance company refused to pay based on my statement being conflicting with the other party. They are now taking me to court. I was on a motorcycle and was cut off by a car. I suffered a broken footpeg while the other car's fender was slightly damaged from my peg. The party is sueing for $3850.00. Eccessive from the original estimate from his insurance company of $1500.00. Anyhow, because the police report said I was following too closely and was at fault, do I even have a leg to stand on? Or should I try settling out of court.

Do you have liability insurance? If so, your insurance should pay if you are at fault.

Do you have a copy of the insurer's estimate?

Normally their insurance would pay them, and then their insurance would sue your insurance compnay.

But yes he can sue you, but remember they can use the conviction or guilty from the criminal case in the civil case. You can submit your evidence and try. You should have plead NOLO in traffic court, then that case could not have been used in civil case.

Why are they asking for more now, does that include attorney fees and court costs ?

After I'd received the police report, I noticed it had many false entries and named me at fault. However I was not. I was merged into on an offramp. The car didn't see me. The other driver said I cut him off. After filing a supplimental through the CHP, it was kicked back. No changes were made and they said I was still at fault. Based on my statement to my insurance company, they came to the conclusion that they would not pay because it was my word against his. Basically, I have a police report stating I'm at fault and my word against his on how the accident happened. The driver never once tried to contact me for 6 months now. Then this morning I get the subpeona. I also noticed on the paperwork that it says I have to be notified prior to that. I was never contacted and the entry on the paperwork says I was. I know because he doesn't have the right phone number for me. I feel this whole process is fishy and am asking if anyone knows if I have any chance.

Quote:

Originally Posted by twilly29

Based on my statement to my insurance company, they came to the conclusion that they would not pay because it was my word against his.

Hello tw:

You're fighting the wrong fight. If the insurance industry refused to pay because two drivers can't agree, they'd NEVER pay.

In fact, your insurance company should pay EVEN if you ARE at fault. No, make that ESPECIALLY when you're at fault. That's what insurance is for. THAT'S what you're paying for. If it were me, I'd demand that THEY pay. But, that's me.

excon

No one can predict what a judge will do. However, I would question ANY police report that concluded you were at fault without independent witnesses.

Also you didn't answer my questions.

Quote:

Originally Posted by twilly29

Today I was served with a small claims court notice to appear. I'm being sued for damages that occured during an accident which I was found at fault. I tried submitting a "supplimental form" to have the police report changed because there was many errors and lies from the other party involved. Anyhow it was kicked back denied. My insurance company refused to pay based on my statement being conflicting with the other party. They are now taking me to court. I was on a motorcycle and was cut off by a car. I suffered a broken footpeg while the other car's fender was slightly damaged from my peg. The party is sueing for $3850.00. Eccessive from the original estimate from his insurance company of $1500.00. Anyhow, because the police report said I was following too closely and was at fault, do I even have a leg to stand on? Or should I try settling out of court.

It is this side of impossible to get a Police Report corrected. I've actually worked off Reports that have the directions of the vehicles reversed. Also, the Police are NOT witnesses to the accident unless they were standing there. They come to their conclusions based on what is said to them at the accident scene. I've worked off totally incorrect reports because one party is taken to the hospital, the other party tells the entire story of what happened from his/her viewpoint, the Police get busy and don't get a chance to interview the hospitalized driver and the Report stands. The version of the least emotional party to the accident, the least angry, the better spoken is "usually" what I see on the Report. And, also, Police are NOT accident investigators - unless AIU is called in.

Often one Officer starts the report, gets called to another scene, a second Officer finishes.

Were you ticketed? What part of your motorcycle hit what part of the car? "Fender" is too generalized for me to ponder fault.

Your insurance company should be paying without regard for fault so I don't understand that part - that's why you have insurance. If every company could say, "We're not paying, you were at fault" and then walk away they'd never pay a claim - every penny they don't pay they get to keep!

Don't the papers from Small Claims break down the total into, for example, personal injury $X, damage to vehicle $X? The other party will have to prove damages so I wouldn't worry about the amount. If you lose in Small Claims Court you pursue your insurance company - and many companies will send an Attorney to Court to represent you.

By any chance are you in California? I had an insurance adjuster tell me "off the record" just last week that their company is denying more and more claims, letting the claim go to Small Claims, hoping their insured will simply pay but paying the claim if their insured loses and they are so notified. He was speaking about a chain reaction, rear end accident, by the way.

Footpeg hit his passenger front fender just above the tire, my bike locked to his car until my peg finally broke off.

I was also NOT ticketed on scene or any time there after.

Quote:

Originally Posted by twilly29

footpeg hit his passenger front fender just above the tire, my bike locked to his car until my peg finally broke off.

I was also NOT ticketed on scene or any time there after.

A ticket (at least in my area) means little - I've seen the Police just not want to get involved. Plus, they didn't see the accident so sometimes they really aren't sure if there was a violation/offense or not.

That sounds like quite an impact!

Is the claim broken down by X dollars for this and X dollars for that - or is it all collision damage?