What can we do about a car accident that the other party is making a claim on and we only have liability insurance but our car was damaged as well?

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What can we do about a car accident that the other party is making a claim on and we only have liability insurance but our car was damaged as well?

I was in a car accident with no injuries and no ticket given by the police to either party. The other party believes that we are at fault as we were making a legal U-turn, and after checking traffic, proceeded with the turn when the other car came out from a parking lot and we collided. They are going to file a claim against our insurance. We have liability only and our car old will require some repair to make it drivable not a lot of money. What advise would you have for us?

Asked on August 14, 2017 under Accident Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you have liability only, you'd have to get your money from the other driver or their insurer. If you believe they were at fault (only an at-fault driver has to pay), you could try to submit a claim to their insurer; if you do not know who that is, or you do submit but the insurer will not pay, your recourse would be to sue the other driver (you sue the driver, not his insurer) for the cost to repair your car. If you can prove in court by a "preponderance of the evidence" ("more likely than not") that the other driver was at fault, you can get a court judgment requiring them to pay. If the amount at stake is less than the limit for small claims court, suing in small claims, as your own attorney ("pro se"), is a good option.


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