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auto collision claim?

Last thursday my fiancee got in an accident with a usaa insured driver. he was an idiot and didnt call the cops. the driver admitted fault and gave her insurance info cell number and drivers license info. my fiancee called the same day to report it to usaa. they said they need to talk to her before accepting liability. Its been once week and they cant get a hold of her and the address on her license was old I assume because we stopped by and no one lives there. We call her cell and get her voicemail. I want to know if it is possible to take her to small claims court to sue for damages/insurance deductable if there is no police report. the accident happened on a one way street. she was attempting to make a left turn from the right lane so that was an illegal turn and she turned into my fiance. She said she didnt see him I dont know how, maybe she was on the phone or something because my fiancee said she already had her cell in her hand when she got out of the car. Any advice on what we can do? And if we try to sue her can she avoid showing up to court and get away with it?

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  • 1 decade ago
    Favorite Answer

    Actually have your fiance call HIS insurance company and open a claim, called a PIP claim (Personal Injury Protection). His insurance company will cover your fiance's injuries, and it will be their responsibility to then talk to the USAA insurance adjuster. His insurance company will help sort out liability. If your fiance was not at fault, he will not have to worry about his insurance rates increasing, nor of any additional costs.

    You are a long way from needing to go to court to sue. Your fiance's insurance will collect their expenses from the usaa company when the claim is finished. But, you need to know you are still at risk of usaa deciding the accident was his fault. So, call your insurance company and report the accident, they are there to assist you when you are not at fault.

    And here in WA the police will not come out to an accident scene if the damage is under $5000 and if there are no serious injuries, so be gentle, accidents are really stressful at the moment they happen, he isn't an idiot, the police probably would not have come to his accident...

  • 5 years ago

    Good success to you. I was once in an coincidence three/eight/08 and my vehicle nonetheless hasn't been checked out. It is simply sitting within the junk backyard, totalled. My coincidence was once suggested on a Saturday afternoon and by way of that Tuesday the claims adjuster nonetheless hadn't referred to as me so I referred to as him. He hasn't referred to as me when you consider that. The coincidence was once now not my fault, a vehicle was once going for walks from the police and ran a pink mild, hit me and 2 others. Good success!

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