What can I do if the at fault party is not responding to their insurer?

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What can I do if the at fault party is not responding to their insurer?

Last month, I pulled into a store parking lot and as I pulled in a car backed out of the gas pump area and hit my front driver’s side car finder and wheel. Clearly the other party is at fault. I called his insurer and started the claim process, I gave my statement and they tried to call there insured and left a message. However, he is not responding. What are my legal options on this?

Asked on July 6, 2017 under Accident Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your only option here is to sue the at fault party for negligence. If your damages are under the legal limit for small claims court, you can bring suit there. You can recover your filing fee and related costs (i.e. process server, etc.). If successful in obtaining a judgment you can garnish the party's wages, lien their real estate, seize their personal property, etc.

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

Answered 4 years ago | Contributor

Your only recourse is to file a lawsuit for negligence against the at-fault party.
Depending on the amount of damages (monetary compensation you are seeking) for your car repair, you may be able to file your lawsuit in small claims court.
After prevailing in the case, you can also recover court costs such as the court filing fee and process server fee. You can enforce a judgment against the at-fault party with a wage garnishment.


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