What to do if someone hit my car in a small auto accident but their insurer denied my claim because the other party refused to cooperate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if someone hit my car in a small auto accident but their insurer denied my claim because the other party refused to cooperate?
Should I take this to small claims court?
Asked on February 18, 2014 under Accident Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If you believe the other driver was at fault in causing the accident, there is no reason to not bring this to small claims court, acting as your own attorney: the cost is very low (generally a $25 - $50 filing fee, plus your own time) and as long as it's not "frivolous" (think "riduculous") case, there are no sanctions for bringing it, even if you lose. You'll need to prove the other side was at fault, such as through witness (including your own) testimony and police reports, and also prove the extent and cost of damage.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.