If there was property damage from an auto accident and the other driver refuses to admit fault, how do I proceed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If there was property damage from an auto accident and the other driver refuses to admit fault, how do I proceed?
I had a car accident on parking lot in which another driver (a minor) rounded the inside of a curve too fast, veered to my side and and hit my car (I saw her coming, slowed to standstill). The car had $2,500 of damages from mechanical and body work. No injuries. No witnesses, no report, agreed to use insurance. My claim was denied because she lied, refusing to admit fault. I only have mechanics statement indicating damages and nature of impact, and also pictures of damages along with diagrams. Can I take a minor to small claims? Do I have a chance to recover damages from small claims with what I have?
Asked on September 20, 2011 under Accident Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) You can always sue the other driver, if you believe they are at fault; the fact that the insurer may have concluded that their driver was not at fault means nothing--that is not a legal determination. (It just means they've decided not to pay you voluntarily, without you having to sue). If you sue the other driver, they and/or their insurer will have to defend and you will have the chance to present you case.
2) You can bring your case in small claims court, as long as you are seeking an amount equal to or less than the court's threshold or jurisdictional limit.
3) You certainly have a chance to recover money; whether you will or will not will depend on how persuasive your evidence and testimony is, compared to any evidence and testimony put in by the other side.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.