How do I take someone to court who has not paid for my car to be fixed after the insurance company defaulted the claim?

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How do I take someone to court who has not paid for my car to be fixed after the insurance company defaulted the claim?

After being hit from behind at traffic lights it has come to light that the 18 year old driver was driving without a license. As a result he claim has been denied by the insurance company and now the family is refusing to pay the costs. I have written to them a number of times enclosing the quotes but still no luck. What is the next step please?

Asked on November 27, 2011 under Accident Law, Connecticut

Answers:

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

Answered 10 years ago | Contributor

You will need to sue the driver and registered owner if the registered owner is someone other than the at-fault driver for negligence. You only file one lawsuit naming all defendants. Your damages (the amount you are seeking to recover in your lawsuit) would be the cost of repairs to your car.  Your damages should also include the cost of a rental car if you need a rental car while your car is being repaired.  You will need to mitigate (minimize) damages which means selecting a repair shop whose charges are comparable to others in the area, which it sounds like you did by sending various estimates to the at fault driver's family.  To mitigate damages regarding the rental car, you will need to select a rental car with reasonable rates.  If you were to select the most expensive rental car you could find, your damages would be reduced accordingly.  Depending on the amount of damage to your car, you may be able to file your lawsuit in Small Claims Court.  In addition to the cost of repairs to your car and the rental car cost, your damages should also include court costs.  Court costs would include the court filing fee and process server fee.


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