Is it worth to sue....(car accident)?
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Is it worth to sue....(car accident)?
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Ok, I had an accident October last year. My car was hit from behind. The person who hit me told cop that she was pushed by another car who got away....however her car did not have any damages except the license plate was bent. Ok, I got the report in the mail which said that the person who hit me was pushed by another car. I was pissed off. I have damages for $3500
Ok shortly, I was denied both from her insurance and state insurance department because the report says that it's not her fault.
So I'm wondering if it worth to sue that person in the small claims court. She lives far away from me so I would have to go to the town court where she lives.
I just don't want to waste my time if it's not worth it.
What do you think?
Additional Details
NY State. there is no mini-torte.
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Dan B
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I would write to her insurance company and complain (with a copy to your state's insurance commissioner). $3500 damage to your car and $0 dollars damage to the rear end of her car is obviously a lie on her part and the insurance company will buy that. It saves them money. You can sue her in small claims court. I don't know if you have to sue in her court district, your court district or the district where the accident occurred. You'll have to check on that. States may vary. |
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mbrcatz
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You're going to have to hire an attorney to sue her, and you're not going to WIN, because it's already been determined, that the accident was not her fault!!
Her insurance company would defend her, in that court case. You'll have to pay your attorney up front. I don't think you have a case. |
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Gambit
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All you can do now is sue. The amount sounds like it should be below any small claims court limit, so the court costs will not be as high. It's that or be stuck with a $3,500 bill. |
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Folara
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Some states have an insurance clause known as a mini-torte. This makes the other person responsible in some cases. Ask your insurance provider if your state has this. |
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