My daughter was in a accident and the police had determined the other driver was at fault. The other driver was over the center line, and my daughter [stated] that she never saw that the other driver was over the line. All she remembers is that she was thrown forward and her glasses flew off her face. Her car, being older has only liability coverage, so our insurance company is good at advising us but will not help beyond that. The other insurance company is denying the claim, indicating that my daughter is partially at fault because she never saw that their client was over the line. That also indicated that the Police report only reflects the best judgment of the officer and since there were no witnesses recorded at the scene, that all facts were heresy based on the officer's word and experience. Their 'delaying' tactics also cheated us out of several days worth of car rental even if they had honored the claim.
I believe my choice now would be small claims court, but my wife is afraid that the other driver will be encouraged by their insurance company to counter-claim, and she does not want to risk a settlement on their behave against us. That would mean that we swallow up the cost of the car, the 7 days of storage fees, towing, etc.
What do you think should be a good next step?
I believe my choice now would be small claims court, but my wife is afraid that the other driver will be encouraged by their insurance company to counter-claim, and she does not want to risk a settlement on their behave against us. That would mean that we swallow up the cost of the car, the 7 days of storage fees, towing, etc.
What do you think should be a good next step?