Legal Question in Civil Litigation in Indiana

While my wife was driving to work a woman pulled out from a side street on the right so quickly that she lost control of her car and swerved across both lanes. My wife avoided hitting her but struck the curb causing an estimated 800-1000 dollars of damage to the car. My wife followed her for two lights (since she made no attempt to stop) and told her they needed to call the police. At first she did not accept responsibility, but after the officer arrived she offered to write a check if the amount was not too great otherwise she would let her insurance company handle it. No tickets were written, but the officer was present when she offered to pay. Her insurance adjuster called us at first and left a message about getting us a rental car and then called back and said that they would not pay since there was no contact between the vehicles and no tickets issued. What I am wondering is if I have a valid claim to bring to small claim court?

Asked on 9/28/10, 2:14 pm

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Sure and subpoena the officer after first confirming that he remembers the offer to pay with a check.

Answered on 10/04/10, 3:31 pm

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