Can I sue her or the insurance company for anything since they are not claiming liability and they won’t fix my car? 18 Answers as of May 21, 2013

I was stopped at a stop sign and a car turned left onto the street I was on. She was not paying attention and smashed into me-destroying my hood, bumper, left lights, left wheel well, and grill- both our phones were dead so there were no pictures. She told her insurance that I was on drugs and that I moved my car back a few feet after the crash. The cop knew that wasn't true, as her car was still wrecked into mine.

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Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
You cannot sue the other driver's insurance company but you can sue the driver herself. In Nebraska, there are very few circumstances in which you can actually sue an insurance company for a car accident. If the insurance company will not pay you then you sue the other driver. The other driver's insurance company will hire an attorney for her and will pay you if you win your case.
Answer Applies to: Nebraska
Replied: 11/8/2012
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
In Michigan, you go to your own auto insurance. You can only sue her for $500 or your deductible. Let your insurance go after her.
Answer Applies to: Michigan
Replied: 11/2/2012
Law Offices of Frank M. Nunes, Inc.
Law Offices of Frank M. Nunes, Inc. | Frank M. Nunes
If you have a claim for damages, you need to sue the other driver and owner not the other insurance company.
Answer Applies to: California
Replied: 11/1/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
Michigan is a no-fault automobile insurance state. You have to look to your insurance company for collision damages to your vehicle. There would be an exception if she was not insured. The only claim you would have against her would be under the mini-tort provisions of the law which allow you to recover up to $500 of non-covered damages.
Answer Applies to: Michigan
Replied: 10/31/2012
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Yes.
Answer Applies to: California
Replied: 5/21/2013
    Gates' Law, PLLC | Thomas E. Gates
    If you have a police report supporting your case, yes you can sue them for the damages.
    Answer Applies to: Washington
    Replied: 10/31/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    You sue her, not the insurance company.
    Answer Applies to: Nevada
    Replied: 10/31/2012
    Lewis B. Kaplan | Lewis B. Kaplan
    If other driver's insurance is not accepting liability it looks like either you have your own collision coverage fix the car and then sue other driver on your behalf or sue the other driver yourself.
    Answer Applies to: Illinois
    Replied: 10/31/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Certainly. But she lied once she will lie again, so be prepared.
    Answer Applies to: North Carolina
    Replied: 10/31/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You can sue her. You might also look into the arbitration procedure that is available through most County Clerks of Court for vehicle property damage claims.
    Answer Applies to: South Carolina
    Replied: 10/31/2012
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    Is there a police report? You can sue her, but beware, if they have denied liability at this point they believe they have a strong case. Depending on the amount, you could take her to small claims court. Sue her and that will bring the insurance policy into play if you prevail and prove your case. You might talk with a lawyer about your options. There are self help pages for small claims court on the websites for your county court.
    Answer Applies to: California
    Replied: 10/31/2012
    Frank Law Group, P.C.
    Frank Law Group, P.C. | Brett E. Rosenthal
    If there is a traffic collision report that would assist in establishing fault for the accident.
    Answer Applies to: California
    Replied: 10/31/2012
    Law Offices of Steven D. Urban
    Law Offices of Steven D. Urban | Steven D. Urban
    You can definitely bring an action against her for negligence. Notwithstanding, you will have the burden of proving your claims to a judge and jury.
    Answer Applies to: Texas
    Replied: 10/30/2012
    Graves Law Firm
    Graves Law Firm | Steve Graves
    Yes, you can sue. Unless you were injured, you're probably better off suing in small claims court instead of hiring a lawyer because you'll have to pay the lawyer a portion of your recovery and that won't leave enough money to fix your car even if you win. Sue her and serve her; the insurance company will respond for her. Your small claims court probably has forms for the suit.
    Answer Applies to: Texas
    Replied: 10/30/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    You sue her, and insurance defends. You do not sue insurance.
    Answer Applies to: New Jersey
    Replied: 10/30/2012
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    You can make a claim against her . An attorney would be very helpful .
    Answer Applies to: Texas
    Replied: 10/30/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    You can sue the other driver, who will be indemnified by the insurance company.
    Answer Applies to: New York
    Replied: 10/30/2012
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