What is the name of your state?What is the name of your state? NJ
Sometime in the early part of January my vehicle was damaged by a contractor working in the employee garage where I park my car. Although there wasn't any actual witnesses, the way that the car was damaged told the story. As I had anticipated, the contractor denied the damage and embelished his story many times as it made it's way throught the chain of command with my employer.
Anyway, to make a long story short, the contractor was advised through upper management to pay the claim.
At 1st he had agreed to pay for the damages in cash ($1,108.00). The day he was to pay me, he had decided and requested that I submit this claim through his insurance company. I complied and sent the insurance company everything they asked for (estimate, cancelled check for the cost of repair...).
4 weeks later, I am now being advised by the insurance company that they are refusing this claim since there were no witnesses and the contractor told them that they were unaware that anyone from their company had damaged any ones vehicle.
My questions are:
1. Should I take this to a small claims court? Again, I have no witnesses and they are denying any fault. I did have a police report made on the day of the incident and took pictures of the damages, as well as the spot where the car was parked. When I returned to my car that evening, I found metal scapes and debris all around the perimeter of my car which I also took pictures of.
2. Since the claim is being made to a company, will they be obligated to obtain a lawyer?
3. Should I also claim damages through my employer since the car was damaged in their parking garage?
Please advise, and thank you for your time.
Sometime in the early part of January my vehicle was damaged by a contractor working in the employee garage where I park my car. Although there wasn't any actual witnesses, the way that the car was damaged told the story. As I had anticipated, the contractor denied the damage and embelished his story many times as it made it's way throught the chain of command with my employer.
Anyway, to make a long story short, the contractor was advised through upper management to pay the claim.
At 1st he had agreed to pay for the damages in cash ($1,108.00). The day he was to pay me, he had decided and requested that I submit this claim through his insurance company. I complied and sent the insurance company everything they asked for (estimate, cancelled check for the cost of repair...).
4 weeks later, I am now being advised by the insurance company that they are refusing this claim since there were no witnesses and the contractor told them that they were unaware that anyone from their company had damaged any ones vehicle.
My questions are:
1. Should I take this to a small claims court? Again, I have no witnesses and they are denying any fault. I did have a police report made on the day of the incident and took pictures of the damages, as well as the spot where the car was parked. When I returned to my car that evening, I found metal scapes and debris all around the perimeter of my car which I also took pictures of.
2. Since the claim is being made to a company, will they be obligated to obtain a lawyer?
3. Should I also claim damages through my employer since the car was damaged in their parking garage?
Please advise, and thank you for your time.