Some one rear ended me and that person insurance wont pay

UPDATED: Oct 1, 2022

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Some one rear ended me and that person insurance wont pay

I got rear ended and the other
person insurance denied the claim
and now that in asking for the
person to do payment plans or go
to civil court their saying that
their car has problems . am I
legally responsible. For his car if
he hit me?

Asked on November 28, 2018 under Accident Law, California


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

Answered 4 years ago | Contributor

Since you were not at fault in the accident, you are not liable for the damage to the car that rear-ended you.
Since your claim against the at-fault party's insurance carrier was denied, your only recourse is to sue the at-fault party for negligence.  Your damages (monetary compensation you are seeking in your lawsuit) would be the property damage (cost of repairs to your car).  
I assume you were not injured since you didn't mention it.  If you were injured, your personal injury claim is separate from your property damage claim. 
If you were not injured and your claim is property damage only, depending on the cost of repairs to your car you may be able to file your lawsuit for negligence in small claims court.  Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.  You can enforce the monetary judgment with a wage garnishment against the party you are suing.

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 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.

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