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Old 03-12-2012, 08:51 PM   #17 (permalink)
gsxr750
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This is simple, Insurance companies will often try this and here is how they are dealt with.

1. File small claims court case, where the other driver lives, naming him and his insurance company as defendents in the case.
2. Get the highest estimate you can, you only need 1 for court evidence.
3. Put together evidence package , estimates, police reports, letters from all parties involved, medical report etc..
4. File small court claim yourself, no lawyer needed, just go to a court clerks office where the other driver lives and the court clerk will tell you exactly what to do usually $15-$30 cost.
5. If you get the car repaired before court date you will need to submit repair shops bill, along with any other damages, rental car, time off work etc.

When you win the case you submit a copy of the judgement to drivers insurance company and they are forced to pay up if he has insurance thru them and any remainder will be paid by the driver in the form of a judgement.
In your case his company will be forced to pay up the full amount.

Two - other avenues are to submit the claim against your own company, this will go against you though for your record.

Other is to file a complaint against the drivers insurance company with your states insurance commision and also with your states attorney generals office.
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