Some Clarification - Saab 9000 Bulletin Board - Saabnet.com
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Some Clarification
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Posted by Kappy (more from Kappy) on Thu, 13 Jan 2005 11:01:36 Share Post by Email
In Reply to: wrecked 94cs n/a 5 speed.., Yaofeng, Tue, 11 Jan 2005 20:24:23
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To collect for the damage to your car, you need to get the money from the other driver's insurance company. To do this, you sue the individual so that his insurance company will step up. The insurance company is obligated to provide the other driver with a defense and pay any judgment so they may just pay for the car rather than paying an attorney to defend the case and a potential judgment. A judgment will be effective for you because you can exercise it against the insurance policy. The assets of the other driver are not a consideration as long as his insurance was in force on the date of the accident.

Check carefully into the maximum dollar limit of small claims court before you do anything. If it's less than the value of your car, you will have to go to regular court.

Insurance companies don't tremble in fear when a claimant threatens a lawyer and lawyers cannot work miracles. However, the other driver's insurance company will be concerned about you asserting a bodily injury claim which is much more expensive in time and money (typically) than the vehicle damage claim. Therefore, if you threaten to get a lawyer, they may bend on some issues to avoid you contacting a lawyer and bringing the bodily injury claim. You might consider consulting with an attorney if you are having physical symptoms from the crash.

posted by 64.222.112...

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