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7 Comments
You can always sue, but it will probably cost you more in legal fees than the jump in your rates. You should call a contract lawyer and see what they believe. Good luck.
Well if you are suing anybody, you need an attorney in a civil law. However, without the support of the police report, i don’t think that you have much of a case.
An insurance attorney of course
Your insurance company pays you for your damages and then subrogates from the other company to regain this amount if you were not at fault. This usually goes on behind the scenes and an insured is typically not aware of it. Some insurance companies will surcharge you or raise your rates for a not at fault accident. Are you sure your company is charging you for an at fault accident and not a not at fault accident? I would check with your agent on this.
If the police report does not show the other person at fault I don’t see how you could sue them.
Any ol’ personal injury attorney would do it, or someone with a general practice. You will need to bring a claim against the “young and cute” girl, and then her insurance will likely jump in, unless they deny the claim to her also, but that is not likely. If she was not actually hit, then your claim has some legs, in that she was too close to you to avoid an accident, and therefore she does have fault. I’d call a few attorneys and just ask, they are always willing to give free consultations.
Although Police reports are great if they support your cause, they don’t necessarily make or break a case.
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I have read the other answers and one other thing I don’t see mentioned is contact the Department of Insurance for your state that is usually listed in your insurance paper work with your policy. In Texas call 1-800-252-3439 POBox 149104 Austin, TX 78714-9104 Fax (512) 475-1771 make a complaint against one or both insurance companies. If it is true what is written in the other answer about behind your back scenes then let the state get involved for you.