How canI get an insurer to pay for the damages to my car caused by their insured?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How canI get an insurer to pay for the damages to my car caused by their insured?
I was hit by a driver and it was in no way my fault, however they accused me of not having my lights on. But they were given the ticket. They went to court to protest their ticket but ended up having to pay it. Now their insurance company is refusing to pay to fix my car and is suing my insurance for the other person’s damage. What can I do to get my car fixed and not have to pay anything since it is not my fault?
Asked on March 21, 2011 under Accident Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If this situation is not resolved between your insurance carrier and the other driver's insurance carrier to your satisfaction, you might consider suing the other driver for negligence. Your damages (the amount you are seeking to recover in your lawsuit) would be the cost of repairs to your vehicle. You will need to mitigate (minimize) damages by using a repair shop whose charges are comparable to other repairs shops in your area. If you were to select the most expensive repair shop you could find, your damages would be reduced accordingly.
In your lawsuit, you should use the police report as evidence that the other driver was at fault.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.