Originally posted by Justen
Hi Pete,
Actually, the law here does not accept any accident claims under $1,000.
Justen
Justen,
Where are you located? I am not a lawyer but I can relate the following case to you which is based on personal experience.
In this case the auto driver was at fault and the only purpose the law served was to determine "fault" in the incident. Once fault was determined the case becomes an insurance claim issue.
My brother was traveling east on a major street in Athens, Ga(1990). A MG Midget passed him on the left and almost immediately after passing him turned right into a commercial parking lot striking my brother's bike. He was not seriously injured but his bike frame and crank were damaged beyond reasonable repair.
The police charged the driver with a couple of infractions, turning without a signal, failure to yeild the right of way and maybe another that I don't remember. My brother was going to write the accident off as bad luck but I refused to alloy him to do so. I went to the drivers insurance agent in Athens and informed him that I needed to file a claim ( with a copy of the police report) for the replacement of my brother's bike. I obtained two estimates of replacement from the two bike shops in Athens and filed the claim. Three days later I got my brother a check for almost $900.
He purchased a new frame and replaced all the damaged parts. all I had to do was sign a release saying we would not pursue any further action against the company or the driver.
If the driver did not have insurance it would have been a "small claims court" issue (amounts less than $3000, I think) and it would have been a little more difficult but as long as I have a police report faulting the driver or the drivers admission of fault, I will persue it and anyone else should also.
The moral: If the driver is at fault call the cops. Get a police report.