What to do if an individual dinged my car door and unfortunately her insurer refuses to cover the damage based on her statement?

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What to do if an individual dinged my car door and unfortunately her insurer refuses to cover the damage based on her statement?

Asked on March 23, 2012 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The insurer is not a court; their determination is not legally binding. If someone damages your car and they (and their insurer) refuse to compensate you, you have the right to sue that person. If you sue and can establish that--

1) She was at fault; that is, she caused the damage either deliberately or negligently (through carelessness); and

2) Her action caused your damage

--then you could recover the cost to repair. For smaller amounts, it may make sense to sue in small claims court, where you can can act as your own attorney and avoid the cost of a lawyer. Good luck.


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