If the cited party in a car accident won’t respond to the insurance agency, can I take them to small claims court?
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If the cited party in a car accident won’t respond to the insurance agency, can I take them to small claims court?
I had a minor accident with someone from another state in that state. The other party was cited, but they are not responding to the insurance agency for their side of the story, which is preventing it from being a claim against them. We both have the same insurance agency. The insurance agency is telling me that the other party has to respond before they can file the claim against their policy. For me to get repairs done, I have to file a claim against my policy. Can I take this person to small claims court for something to get them to respond?
Asked on January 1, 2012 under Accident Law, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can sue the at-fault party for negligence. Filing a lawsuit is your recourse since the other party is not responding. You are the plaintiff. The party you are suing is the defendant. A lawsuit can be filed where the plaintiff lives or where the defendant lives or where the claim arose.
Your damages (the amount of compensation you are seeking in your lawsuit for negligence) would be the cost of repairs to your car. If you need a rental car while your car is being repaired, the cost of the rental should also be included in your damages.
You will need to mitigate (minimize) damages by selecting a repair shop whose charges are comparable to other auto repair shops in the area. If you were to select the most expensive repair shop you could find, your damages would be reduced accordingly. You will also need to mitigate damages when selecting a rental car by selecting one with a reasonable rental rate. If you were to select the most expensive rental you could find, your damages would be reduced accordingly. Your damages in your Small Claims Court case should also include court costs. Court costs would include the court filing fee and process server fee.
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