Update to Car Fiasco

I just consulted with an accident attorney, and he outlined what we need to do. We are serving papers to the two drivers that were also in the accident, sending them an itemized list of our deductible and rental car fees.

Hopefully, this encourages the woman at fault to call her insurance company and yell at them for not reimbursing us.

If not, we see them in small claims court sometime in the near future, demanding to be reimbursed for the $800+ we have not yet received (plus our travel expenses). If this does happen, we are sure to win, seeing as the judge in the court will use the police report as her guide. And, since the police report is clear as crystal about the fact that she’s at fault…well, let’s just say someone might do a bit of “recanting” about their “testimony” before then…

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  • Jason

    Perfect! This is really the only way to spur the insurance companies to start moving. Basically what the driver is supposed to do is turn that suit over to their insurance company (thats why they’re there), and then the insurance company is very likely going to pay out immediately to keep from it going into court. Thats what they call a dead bang winner for small claims court!

    Did you guys have to pay for that legal help? Hopefully that is itemized on your lawsuit as well? Not sure you can go after them for the whole car, there is a $7500 limit on small claims.

    • http://kellyconepiano.wordpress.com Kelly

      No, we didn’t have to pay for the legal advice. That’s the benefit of knowing someone who knows someone!

  • Courtney

    that stresses me out. i don’t know a thing about court. i really hope it works out for you and that the drivers take their insurance companies to court. i know i would. i mean, we pay to have insurance so that when we do have an accident, they cover us. if i got served papers saying i wasn’t treating someone well and paying for the damages, my *first* call would be to the insurance co. to find out exactly why they weren’t doing what i had paid them to do. keep us posted!

    • http://www.coneheads.wordpress.com Kelly

      Courtney, surprisingly I’m not stressed out about it. I’m just excited to *finally* do something about it all! Perhaps it’s just the rage talking…