Legal Question in Insurance Law in California

Hit from rear end

I was stuck from the rear by a party that is now claiming I cut in front of her and this caused her to hit me. She had another party(Friends) following her in another car and are now acting as witnesses for her. Her insurance company is standing by their insurd, what recourse do I have in this matter? The allegations are false but I have now way of proving it. Doesn't getting struck from the rear automatically put the person that hits you at fault? I have no injuries, I just want my car fixed. Their adjuster appraised damage at $600.00. Is this company acting in bad faith? Thank You


Asked on 7/19/01, 9:25 pm

2 Answers from Attorneys
Steven Murray Steven W. Murray, APC

Re: Hit from rear end

You can simply sue the defendant, tell the judge your side, and let him/her decide. Small claims is available for up to $5000.

You can also claim under your own collision coverage, and then let your insurer try and get the money back from the defendant.

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Answered on 7/20/01, 2:18 pm
Alex Scheingross Law Offices of Alex B. Scheingross

Re: Hit from rear end

Glad you weren't hurt. For $20 you can file a small claims suit. Judge will probably consider the fact that all of the other side's witnesses are friends. In the law those witnesses are considered to have a bias and their testimony is usually examined more thoroughly than an independent witness.

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Answered on 7/20/01, 5:16 pm


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