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JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20233
Experience:  Explains legal matters based on 14+ years experience.
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On 5 Dec 2012 my vehicle was hit when another driver attempted

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On 5 Dec 2012 my vehicle was hit when another driver attempted a lane change. Disputed claim, and my insurance adjuster is ready to close the claim after 60 days. No police report or other witnesses to corroborate my statement, but I've cooperated with the claims process while the other driver has not---it took her 19 days to make her first statement, to her insurance company, and she still has made no statement to my insurance. Given her behavior, my behavior, and the statements I made to the insurance companies, I think a case could be made against her claim that I hit her vehicle, and I want to see how likely it is that such a case could be won.
Welcome and thank you for your question!

I am sorry to learn of the facts you've described and the experience you are going through. Here is a very important question. If the insurance company pays your claim and waives your deductible, what will be your out-of-pocket financial costs from the accident?
Customer: replied 3 years ago.

There would be no out-of-pocket costs for me. However, the fact that I have been stressed out by this matter for the past two months (esp. since Christmas Eve, when the other driver finally made her statement to her insurance company) leads me to seek more than just damage-reparations money.

Thank you for that important clarification. Unfortunately, current laws do not recognize a basis for you to sue for such stress, aggravation, or personal annoyance.

Under the current laws, you can only sue for any out-of-pocket losses that are not covered by insurance.

If the insurance company is fully covering the auto damages, there is no separate basis to sue the other driver (even though the other driver appears to be a shyster).

If you were to go to small claims court to try and sue for the stress/aggravation this other driver has caused you, your lawsuit would be quickly dismissed and you would lose the money you paid for court filing fees, process server fees, and any time you had to take away from work to go to court.

I know that this is not what you wanted to hear but you deserve a candid answer. I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. Had I been able to provide an Answer which might have given you a successful outcome, it would have been my pleasure to do so.

If it means anything to you, what will most likely happen to the other driver is that their insurance company will drop them from coverage due to their failure to cooperate. It will be very hard for that person to obtain future insurance -- if they care. Some folks don't care and you'll never get them to care.

In any event, my goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
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