How do I get the insurance company o pay the damage on my car for what it was estimated for?

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How do I get the insurance company o pay the damage on my car for what it was estimated for?

I was rear-ended at a stop light, fortunately nobody injured. I filled out a police report and the at fault driver got a citation for the accident. I submitted an estimate for $1445 to the other driver’s insurance company. They offered me $450. My car is not a year old. I talked to their insurance agent and she said that’s what they have estimated it to be in their office. I mentioned about small claims court and she said go ahead. If I go to small claims court, do I have to pay to file and can I get this back from the insurance company?

Asked on August 8, 2017 under Accident Law, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since the settlement offer is unacceptable, your only recourse is to reject it and sue the at-fault party for negligence.  You can file your lawsuit in small claims court.  Upon prevailing in the case, you can recover the amount (cost of repairs to your car), court filing fee and process server fee from the losing party.  You can enforce the judgment with a wage garnishment.


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