What do I do if I was in an accident and neither insurance companies want to cover damages? 17 Answers as of January 12, 2012

You may have to bring a formal lawsuit.

Take the other driver and the car's owner to small claims court.

Sometimes the fault for a collision has to be divided by percentage between the parties. RCW 4.22.005 (1981) describes the effect of contributory fault by saying the following: "In an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault, but does not bar recovery. This rule applies whether or not under prior law the claimant's contributory fault constituted a defense or was disregarded under applicable legal doctrines, such as last clear chance." See also RCW 4.22 (http://apps.leg.wa.gov/RCW/default.aspx?cite=4.22). If you feel the insurance companies are not treating you fairly, you should call an attorney to discuss the details and have a conversation about possible further negotiations or litigation.

Initially, I cannot tell if you are asking for yourself or your mother. My answer will refer to you being the driver of one the vehices. The analysis is basically the same whether it was you or your mother. I assume from your "Question" and the "Question Detail" that by your statement "neither insurance company wants to accept responsibilities for the damages to the damage" you mean the damages to the vehicle they do not insure (i.e. You are insured by Acme Insurance; Acme Insurance does not want to pay anything to the other driver involved; and the same holds true for the other driver's insurance company to you). Basically, each insurance company believes that the driver they do not insure is at fault (or they believe fault is 50/50). Assuming you had "Collision Coverage" with your insurance company, your insurance company would pay to repair your vehicle minus your deductible. Your Question does not refer to whether anyone was injured. If you were injured, your insurance company would pay your medical expenses if you have "Medical Payments Coverage." They would pay your medical expenses up to your limit under this coverage. If the other driver's insurance company refuses to pay you for the damage to your vehicle and any other damages (i.e. rental vehicle, medical bills, lost wages, pain and suffering, etc.) then your only option is to sue the other driver. Assuming the insurance company does not change its mind after your lawsuit is filed, a jury ultimately would decide who is at fault or the percentage of fault by each driver. I mentioned fault being "50/50" above. In Nebraska, to recover against another driver you must be less than 50% at fault for the accident. If fault is 50/50, you do not receive anything from the other driver. If the jury comes back with your fault being less than 50%, then you receive what the jury decides your case is worth less your percentage of fault (i.e. Jury decides case is worth $10,000 and you are 25% at fault; you receive $7,500). If your own insurance company refuses to pay you, assuming you have the appropriate coverage as discussed above, then you would have a breach of contract claim against your insurance company. The way I read your question, this does not seem to be what you are asking though.

It is not easy to answer your question without more information on what basis the companies are denying liability, and knowing how much your mother's damages are. I will assume that no personal injuries are involved. If it is only property damage, then it is usually not economical to hire an attorney to pursue a lawsuit. I am also assuming that each insurance company is taking the position that it is the other driver's fault. If your mother has collision coverage, then her insurer should pay her damage, less the deductable, and then they would have a right to due the other driver if they think it is the other driver's fault. If there is no collision coverage, I would suggest that your mother file for arbitration at the Circuit Court Clerk of Court's Office. The Court will appoint three attorneys as arbitrators, and they will decide who is liable. If the other driver files a counterclaim, saying your mother is liable for their damage, your mother's insurer will have to hire a lawyer to defend the claim. In the alternative, your mother could sue the other driver in small claims court if her damages are less than $7,500.00 (if damages are more, an attorney might take the case on a contingency fee basis.

Are you talking about property damage to your car only, or were you injured? It is very difficult for an attorney to get involved in a case for property damage only. If injury resulted, phone me or another qualified attorney who does a lot of personal injury work. I would be glad to discuss your case at no charge (a free phone consultation). If property damage only resulted, the vehicle owner personally has the right to file a lawsuit in small claims court (Magistrate Court) in the county the other party resides. The Magistrate Court judge will determine who (if anybody) is responsible for the damage. If the other driver is found responsible, his insurance company will be forced to pay the damages.

This is a classic case of two insurance companies either blaming the other party or claiming the accident is 50/50 as to liability. This is typical of insurance companies. If the other vehicle pulled out in front of your mom they are clearly at fault for failing to yield the right-of-way and failure to maintain a proper lookout. Your options are to find great witnesses to verify your story to the insurance companies or file a lawsuit against the other driver.

If your mother's vehicle had collision coverage, they have to pay for the damage regardless of who is at fault. They will then try to get reimbursement from the other carrier. Otherwise you will need to get an attorney to negotiate with and possibly sue the at fault party.

What does the police report say? Your mother's policy almost certainly contains an arbitration provision for just such circumstances. Invoke it.

File suit. Arguing with an insurance company adjuster is pointless. If there was also personal injuries, might want to retain counsel.