Can an insurance co. deny a claim based on witness "felt" I was excessively speeding?
94520
They can deny anything they want. They hope you drop it.\n\nBe a pain in their side to make it not worth doing this type of crap. Get a lawyer if you have to. \n\nIf the dude is not insured, which is basically what will happen if his insurance wont pay, then you go after him. He will then go after his insurance. You might mention this to him casually as it is not in his best interest not to have them pay.\n\nMake sure it was reported to the police, if it hasn't been then do it right now. You will need this for taking them to court.
606429
In most states the statute of limitations is 3 years. If she was marked at fault and she is sueing you, then she has a fool for a lawyer.  Turn the papers over to the insurance company you had at the time of the accident. You are nothing more than a witness in the insurance company's case.  they will call you if they need you.\n\nEven if she does win, you don't pay the insurance company does.
564965
Yes. They can still take you to small claims court even though there was no police report filed. You are responsible for the damages you caused. However, to avoid going to court tell them to go get 2-3 estimates and you pay the smaller of the two. Thats the law. Hope this helps, I am a paralegal.
835414
Depending on your state and the fact if you had actual current insurance, you should be able to go and show proof of your insurance and get out of it. You may have to pay court cost only. If you didn't have current insurance then you are probably looking at a fine, plus court cost and if you have to be represented by a lawyer then you will have to pay their cost too.
713624
No, you don't.  You can go to court and sue the driver, you can wait a week or two, see if you can negotiate the settlement higher.  \n\nKeep in mind, if you DO get a lawyer, they are going to take 30% of whatever the settlement is.   Also keep in mind, with the settlement, the insurance company isn't going to offer more than the policy limits.
428945
A motion to dismiss for failure to state a claim is when the facts you allege in your complaint don't provide for a remedy at law, meaning the courts can not grant you a remedy b/c you have not shown by the facts stated that the other party was negligent, or that they breached any contract.\n\nWhat do you mean the car was dropped off and stoley after repairs were made, yet the repair shop did not talk to the care owner.  The facts are ambiguous and could be why the complaint does not state a claim.\n\nRead over the facts as presented in the complaint to make certain the story makes sense for the wrongs you are alleging.
586668
Try writing to your state's department of insurance. Usually the insurance department in each state maintains records of claims, denials, and consumer complaints.  The National Association of Insurance Companies (NAIC) has a list of insurance departments on their web site: http://www.naic.org/state_web_map.htm\n\nKeep in mind that each state has different regulations regarding the record keeping of certain data, therefore the information you are looking for may not be available in the state where you reside. Your best chance is to just call or email the insurance department and find out.
775881
Chances are you will get points on your license.  Your insurance is also likely to go up.  Regardless of whether or not someone was tailgating you, YOU were speeding, so it's your fault.
1046987
Firstly, a point of clarification -- despite popular belief one is not "automatically" at fault for rear-ending someone.  I have no idea where this myth got started but there is no such presumption in the law (at least not in California.)\n\nOther than that, a determination of liability is not so cut and dry.  In your case, it sounds like your liability may be minimal.  Under what is know as the "imminent peril" doctrine, you would not necessarily be liable because you were initiating emergency manuevers.  Your standard of care is lowered in that case.  \n\nBut, this certainly won't stop someone from suing you.  But you shouldn't worry.  If you have insurance, your insurance company will hire an attorney for you and protect your rights.  \n\nHonestly, I wouldn't stress about it too much.  Unless you don't have insurance, in which case you should talk to a lawyer A.S.A.P.
1116479
The term "victim" refers to her injuries, not her legal standing.  Sounds like your g.f. made a left turn in front of a car that struck her car.\n\nIf that's the case, then the other driver had the right of way and your g.f. is at fault.\n\n~~~~~~~~~~\n\nWicked Magnet below wrote: "BUT...if neither saw the other, and the other party was "clearly going faster..."\n\nIf neither party saw the other, then how do you determine which party was "clearly going faster"?  As far as these two drivers were concerned, the other driver was invisible.  How can you say an invisible driver was speeding?
893513
You were not given a ticket for speeding, it was a ticket for driving too closely. Were you or weren't you? If you want your day in 'traffic court', then go for it. You don't have much to lose other than a couple of hours. However, do not get your hopes too high. You will probably be found guilty anyway.\n\nIn the future, be more careful around marked police cars.
702945
this is gonna be impossible to prove , the fact is your car was there around that time , and you arguement that it was only a matter of minutes will work both ways , you say 6;59 she says 7;04 , if you go in saying you were there at 6;59 that is like admiting guilt ......... you are gona lose time from work going to court  and a letter is a laughable defense ....... just pay the cash and move the car at 6;30 next time
1077323
You wrote"I was in an auto accident" \nI say Sorry to hear that hope everyone is okay.\n\nYou wrote "determined at fault but wasn't"\nI think what your saying is that you were ticketed for the accident by an officer. You can request your day in court to plead for your innocence, Have your facts straight, Photos of the area it happen helps paint pictures of what took place, and don't lie the worst thing is to make up what happen.\n\nYou wrote "and never got to give a statement"\nI think what your saying is you feel you were ticketed for no reason, or the wrong reason. The Insurance Co's now look at you as the cause and clams file against you. I'm sorry , you have to take it to court and prove it there.\n\nLastly You wrote " What can I do?"\nYou need to either let it go or get an attorney and go to court.\n\nGood Luck\n\nPS if you fight it dont speek to anyone but your attorney \nNO ONE
707953
Go straight to the ER. Did you fill out papers with apolice officer at the time of the accident. Did you refuse to get checked at the time the accident? If so you may be out of luck. But still start the process and get a good lawyer.
955997
You have, in my non-lawyer opinion, a *very* strong case for casting reasonable doubt in a judge's mind.\n\nThe officer obviously took his eyes off your vehicle while he was turning around.  He lost track of your vehicle while he was behind trucks.  It was dark.  Visibility was limited because of the fog.  Most convincing of all is your truthful statement that another car passed you going a high speed.  Your case is helped if the car that passed you was similar to yours.\n\nHowever, don't testify to *your* speed other than saying (if true) you were going at the speed of traffic.  If you testify that you were going 75, the judge may just reduce the speed on the ticket to 75 and slap ya with a fine.\n\nAlso, you *may* be able to disqualify the traffic court judge if you believe he's prejudiced against your case.  You find this out by visiting traffic court ahead of time and learning if the judge simply finds everyone guilty or if he seems reasonable.  (In California, it's called a Preemptory Challenge and each side gets one free shot at a new judge.)\n\nYou don't need a lawyer.  But you might want to check out books by Nolo Press (www.nolo.com).
870967
You can't legally do that. You can ask the police to investigate if there is an issue, and you can give the plate # to your insurance company if you have been in an accident. They can look up the information.
536033
As I found out after I was hit by a bus (Yes, ouch.) the insurance company does their thing and gets as much money for you as they can.  After that you can take them to court for any remaining loses or out of pocket expenses, and for the amount of money you're talking about it would be in Small Claims Court in California, check your locale for local rules.  No lawyers are allowed there, you're on your own.  Go to the county courthouse and/or its website for instructions. Remember, you have to show REAL damage, not just being angry or wanting to hurt them.  Think about it first, or the Judge will make you feel like an idiot.