I live in Colorado.

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Posted: Mon Jul 21, 2008 10:02 pm Post subject: I live in Colorado.

I live in Colorado. My neighbor backed into the side of my car last December, no damage to her but my passenger rear door had to be replaced and the body reworked on the rear panel. My insurance co. found me not at fault, their insurance co. found me 50/50 because they were never able to reach my neighbors for a statement. There is a police report filed by me with no police presence, there were no witnesses. They incur no costs but I am out my $500 deductable. The person I am dealing with from my co. says I will lose in arbitration because my car was also moving at the time of the accident. So, who do I take to small claims court, if arbitration is non-starter, or is there another option? Thanks.

Sharon

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Joined: 21 Jul 2008
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Posted: Mon Jul 21, 2008 11:35 pm Post subject:

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their insurance co. found me 50/50 because they were never able to reach my neighbors for a statement

NO NO NO NO NO This is not how comparative negligence works! This is why you were found 50% at fault..

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The person I am dealing with from my co. says I will lose in arbitration because my car was also moving at the time of the accident.

Were you backing by chance?

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They incur no costs but I am out my $500 deductable.

Did you have a thousand dollar deductible? You should've gotten half of that back..

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So, who do I take to small claims court, if arbitration is non-starter, or is there another option? Thanks.

You would need to file the small claims case against the driver and owner of the vehicle then if you get a judgement for 100% their carrier in all likelyhood will not file an appeal and instead just pay the judgement...let us know...
_________________
"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr.

Lori

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Joined: 10 Sep 2007
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Posted: Tue Jul 22, 2008 8:45 am Post subject:

The comparative negligence law of Colorado states that with one plaintiff and one defendant the percentage of comparative negligence is 50/50, i.e. you can't recover your part from the other party's insurance carrier. _________________ Register Now to have your Insurance queries solved.

Fabiana

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Posted: Tue Jul 22, 2008 9:22 am Post subject:

If no other method works for you, you're required to file a suit at the small claim court. You are not required to hire an attorney to defend a case in the small claim court and thus can save on the lawyer's fee. But more insight is necessary to apprehend the actual situation. _________________ Register Now to have your Insurance queries solved.