Small Claims Evidence

[YAI]

According to your other posts the other driver's insurance company did admit that he was at fault but the insurer wasn't going to pay for your full damages. Did the other driver's insurance company pay anything at all?

Not yet. Why do you ask?

[adjusterjack]

Not yet. Why do you ask?

Because when the other driver's insurance pays you for the damage, you won't need court.

In your earlier thread you wrote:

The insurance company is now playing hardball and will not pay for all damages. In the letter the insurance adjuster states the damage and even shares there own insured agreed to having caused the damage. The insurance adjuster in my opinion is unfairly adjusting the claim for refusing to pay for all of the damage.

Do you have estimates for the cost of repairs?

How much are they?

Did the adjuster provide an estimate that conflicts with yours?

In what way does it conflict?

What did the adjuster tell you as to why he won't pay for all the damage?

Please answer each of the above questions thoroughly and provide a photo of the damage to your car.

[Zigner]

Because when the other driver's insurance pays you for the damage, you won't need court.

If he other driver's insurance pays less than what the OP feels he is owed, the OP may, in fact, need to go to court over it.

[latigo]

If he other driver's insurance pays less than what the OP feels he is owed, the OP may, in fact, need to go to court over it.

I believe the intent here was to inform the OP that were he to accept any tender of payment by the other guy's liability carrier it would be on such terms as to constitute a full and complete satisfaction of any and all claims against their insured.

[Zigner]

I believe the intent here was to inform the OP that were he to accept any tender of payment by the other guy's liability carrier it would be on such terms as to constitute a full and complete satisfaction of any and all claims against their insured.

I disagree with that blanket statement. When my claim for an accident that another driver caused was paid by the other driver's company, I wasn't required to sign any release. It may be a requirement, but it also may not be a requirement.

[YAI]

Do you have estimates for the cost of repairs? - Yes both mechanical and to the autobody

How much are they? in total under 10K which qualifies for small claims court

Did the adjuster provide an estimate that conflicts with yours? - The adjuster used the autobody estimate that I shared. There is engine damage that the adjuster denies. There also is diminished value that the adjuster will not consider until the vehicle is repaired.

In what way does it conflict? - The adjuster is not accepting loss for the engine damage.

What did the adjuster tell you as to why he won't pay for all the damage? - The adjuster claims that I will have to prove the mechanical damages to the engine. The adjuster will not consider the mechanics estimate I provided.

I disagree with that blanket statement. When my claim for an accident that another driver caused was paid by the other driver's company, I wasn't required to sign any release. It may be a requirement, but it also may not be a requirement.

In my experience when signing the check on the backside there is a release. This however is mute since no check has been issued.

[bcr229]

I believe the intent here was to inform the OP that were he to accept any tender of payment by the other guy's liability carrier it would be on such terms as to constitute a full and complete satisfaction of any and all claims against their insured.

Yes that's where I was going. As OP pointed out, it's a moot point as he has not been paid yet.

What kind of engine damage? Do you have service records for the car showing the engine was not damaged just prior to the accident?

[latigo]

. . . In my experience when signing the check on the backside there is a release. This however is mute [sic] since no check has been issued.

I think you mean "moot" as here having no significance or application.

"Muted" would be an attempt to introduce your proposed evidence of character or character trait on the part of the other driver as proof that he was acting in accordance with that trait on the occasion in question. In other words, it would not be admissible.

No more than if the other guy tried to show proof of his good driving habits. Like for instance having his aunt Minnie testifying that for years he chauffeured her to and from church without incidents. (Although she always sat in the back just in case.)

Anyway if this guy is such lousy driver and accident prone as you profess he wouldn't likely be insured. Correct?

[YAI]

Yes that's where I was going. As OP pointed out, it's a moot point as he has not been paid yet.

What kind of engine damage? Do you have service records for the car showing the engine was not damaged just prior to the accident?

On the day of the collision I have photos that shows my vehicle as the only vehicle parked on the public street and there are no oil leaks on the street. In the weeks after the collision numerous oil leaks appeared on the street where I park the vehicle. This is at the same location. A neighbor even mentioned that my vehicle was leaking. I have photos showing the before and after (no leaks and then leaks on the street). I can obtain witness statements from neighbors that my vehicle is regularly parked overnight at this location on the street. It it not a street where other vehicles are parked overnight and rarely would another vehicle park at this location during the day. I have photos the weeks after the collision that shows numerous oil leaks on the street and the estimate from a mechanic who diagnosed oil leaks. The collision was so forceful that it bent part of the frame according to the autobody shop. I have extensive service records and receipts that I keep. I service the vehicle myself for routine maintenance. Since the collision I notice now I have to add fluids between maintenance intervals.

[Zigner]

On the day of the collision I have photos that shows my vehicle as the only vehicle parked on the public street and there are no oil leaks on the street. In the weeks after the collision numerous oil leaks appeared on the street where I park the vehicle. This is at the same location. A neighbor even mentioned that my vehicle was leaking. I have photos showing the before and after (no leaks and then leaks on the street). I can obtain witness statements from neighbors that my vehicle is regularly parked overnight at this location on the street. It it not a street where other vehicles are parked overnight and rarely would another vehicle park at this location during the day. I have photos the weeks after the collision that shows numerous oil leaks on the street and the estimate from a mechanic who diagnosed oil leaks. The collision was so forceful that it bent part of the frame according to the autobody shop. I have extensive service records and receipts that I keep. I service the vehicle myself for routine maintenance. Since the collision I notice now I have to add fluids between maintenance intervals.

That is not evidence that the accident caused any damage to your vehiclee. That is evidence that oil is leaking. What evidence do you have that will show that the accident caused your engine to leak oil? It's an important question because any accident that is forceful enough to cause your engine to leak oil is forceful enough to have destroyed major components of the engine and engine-related accessories, but you don't mention that.