Legal Question in Personal Injury in California

How to proceed after the car insurance claims the there client was not at fault?
I had an car accident. Somebody hit me from behind. He does not want to pay for the damage on my car, because he claims that I made a unsafe lane change and he had somebody in his car who support him. I have no witness, but pictures that shows the damage at the rear bumper. There was no police or anybody else on the scene.
Should I go to the ''Small Claim Court''?
Or should I seek help from the ''California Department of Insurance''?
Or should I involve my own insurance an let them handle the case?
What is the safest and fastest option for me to proceede?
How got are my chances to win the case even he has his passanger to support his testimony?

Asked on 10/05/02, 11:10 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Re: How to proceed after the car insurance claims the there client was not at fa

Turn it in to your insurance company, or file suit against them. It's that, or walk away from it and pay your own damage.

Answered on 10/07/02, 9:35 pm

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Chris Johnson Christopher B. Johnson, Attorney at Law

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Re: How to proceed after the car insurance claims the there client was not at fa

Rare is the insurance company that will pay the claim without a fight. You can take care of it through you own insurance company, which will then (at their option) pursue the other insurance company for reimbursement, you can sue the person yourself, or if you had injuries in the accident for which you were or are being treated, see a personal injury attorney to make the claim. Note that the statute of limitations for auto accidents is one year from the date of injury (6 months if claiming against a government entity), and a bit longer for property damage.

Answered on 10/07/02, 9:44 pm

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