I was involved in 3 Car accident. I was driver #3. Highway was covered with ice and snow and snow was falling. I was going uphill on the highway and the grade is about 30%. I observed car#1, cross the center line of highway, 2 lanes, and proceed downhill on the wrong side and hit car #2, in front of me. I was attempting to stop when I saw car #1 coming down the highway sideways in the wrong lane and I slid at a very low speed into the rear of car#2, the middle car. Two accidents not a simultaneous accident. I had nowhere to go and could not avoid car#2. I believe I was stopped or almost stopped and cars, 1&2, after impact, coming down hill, hit my car. Damage was very slight to car#2, caused by my car. Both car#1 and car#2 went into the ditches on both sides of the highway, however my car remained in my proper lane. Very little damage was caused to the rear of car#2, and damage to my car is to the fender hood and headlight. My car was driveable. The Ins carrier for car#1 has denied my claim saying I was at fault for damage to car#2 and my own vehicle. Car#2 Ins carrier is saying I am 50% fault for damage to car#2. Can I take both drivers,#1 and #2, to small claims court to recover damages to my car. No tickets issue
1 Answer from Attorneys
Re: Auto Accident
You can go to small claims court. However, there is a $3000 cap on damages. Also, it can be very difficult to collect on a small claims judgment against an individual.
A better option that would more likely result in you getting compensated would be to have an attorney pursue claims for you. The attorney will have a much better shot at submitting the claims such that they will get paid. Also, the attorney can file suit for you if need be.
Give me a call if you would like to discuss.