Even after a minor fender-bender snap a couple of photos and exchange info

I just don’t want to turn this in on my insurance!

He seemed like such a nice older man and after all it was just a minor fender-bender at the Walmart Parking lot. That is how the story started off and then the caller started to get upset. Apparently after Mr. Nice Old Man got home he could not remember her talking to him and then when he did he blamed the entire accident on her. I asked her why she didn’t just take out her cell phone and snap a few photographs of the cars as they were positioned at the collision. She said it seemed like such a hassle and after all this nice older man was accepting blame for causing the damage. She really didn't want to turn in this accident on her insurance. 

Which leads me to today’s question: Am I able to hold someone accountable for damage that happened to my car? They didn't have insurance and backed into our car causing $2800 worth of damage. They didn't have insurance and we were close and so we agreed that they could just pay the deductible for our full coverage insurance instead but now they are dodging us. It's been almost a year! How do we get them to pay for the deductible?

My Reply: Yes you are able to hold them responsible if you can prove they were responsible. You have made a classic mistake and the offending party will now likely deny it was his fault and he may even deny he was involved. Do you have photographs of both cars? Witnesses? Damage repair estimate? A license plate number? Did you turn it in on your own insurance? We know you don't have a police report. Without evidence non lawyer can help you to recover.

So what is a Sgt. Schultz accident? "I see nothing! I heard nothing! I was not even here today!"

Where do I begin to straighten out this mess …. Even when in a minor fender-bender do yourself a favor and snap photos along with exchanging information. Then always turn it in to your own insurance company. Best of luck with your case. 

Steve Lombardi
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Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death
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