What to do if the at-fault driver’s insurer won[t pay out n my claim?

UPDATED: Oct 1, 2022

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What to do if the at-fault driver’s insurer won[t pay out n my claim?

I was in a no turning right lane. I put my turn signal on to merge right so I could turn. A car came up behind me in the straight lane and stopped. I preferred to merge. The car pulled up and hit me on the left side of my bumper. She told her insurance that I was turning right not merging. Now her insurance won’t pay me for damages even though the damage is on the left back of my bumper and the right front of her fender. New Link Destination
fix it will cost $1640. Is it worth bringing to court?

Asked on January 23, 2019 under Accident Law, Virginia


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

Answered 4 years ago | Contributor

Your only recourse is to sue the at-fault party for negligence. Your damages (amount you are seeking in your lawsuit) would be the property damage (cost of repairs to your car). You can file your lawsuit 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.

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.

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