What to do if my husband was in an accident with my van?

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What to do if my husband was in an accident with my van?

He called the police but the officer (I am told) did not think the damage was worth reporting. I was not there when the accident happened. He was making a right turn off an exit ramp. He saw another car coming as he just started to move forward but stopped. The car behind him hit us. We took my van to get an estimate and they said it would be about $850 to repair. My husband originally agreed to settle it with out insurance, but I disagreed. We filed on their insurer but the other person is not answering email or calls from them. What can we do to move forward with this claim?

Asked on July 16, 2013 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Their insurer owes no duty or obligation to you; their duty or obligation is to defend or indemnify (pay for) their insured, if the insured is sued. Similarly, the other party (the other driver/car) has no duty to pay unless  you sue him and win. Therefore, the only way to move this forward if the other party and his insurer choose to not voluntarily pay you would be to file a lawsuit. For the amount at stake, representing yourself in small claims court is  probably a good option.


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