simply stated, I was rear ended in an accident. I was cited for "unsafe cutting in while passing." I was not familiar with the law in regards to rear end auto accidents. I believed him to be at fault for not allowing enough room and figured he would have been the one cited. So I showed up for court and plead not guilty to the citation, I then sat down with the city prosecutor and had the citation dismissed. I thought all was well and good, so I contacted the other parties insurance informing them that I had my ticket dismissed, and believed their driver was at fault for the accident and should pay the claim. They informed me that they had just sent a letter to me, ironically on the same day as my court appearance, that says they denied me any compensation.
SO….now that I got the ticket dismissed, and proved that I was not at fault I want the insurance company to pay. It seems like everyone I have talked to said that I only have one option, and that is to sue in small claims court.
Is that my only option….I proved that I was not at fault! I don’t want to wait months and months for a small claims judgement that will not be payed, I will then have to go back to court for garnishment, this is a 20 year old kid, garnishment is the only way I’m going to see any money. On top of that I will be driving a wrecked car(possibly, hasn’t happened yet) getting pulled over once a month by any cop that just wants to pull me over because of the way my back end looks. If it gets to that I will have to find a different vehicle to drive. Everyone thinks that car accidents are about personal injury, and tons of money….I JUST WANT MY CAR FIXED.
What options do I have now? Can I go after the other parties insurance company for not paying a legitimate claim of liability? Would it be worth a lawyers time to pursue this?
O.k. let me add some details.
I do have insurance in WI, only liability…same as the other driver.
Getting my ticket dismissed discredited the officers opinion of the accident, good as not my fault in my book…the other driver was not citied for anything. My opinion of the incident is that I legally passed him, got fully back into the right lane, and believe he didn’t maintain his speed and intended to tailgate or pass me after I passed him. He failed to watch the road as I was slowing down to the speed limit, in my opinion. The officer has his too. I didn’t cut him off, as the officer stated in the report. Again the ticket was dismissed. I am not hiding or leaving out details that would effect user answers
Again, I see where we are all coming from, and thank everyone for their input.
I agree I should have been charged for speeding, that I could have not fought, I am guilty of that, why the officer failed to cite me for that, I have no idea.
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