What are my rights if my daughter was side-swiped on private property?

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What are my rights if my daughter was side-swiped on private property?

The police were called and an officer gave my daughter a private property accident exchange information form. When I called the police station they said that whoever is listed on top is at fault. My daughter said the lady that side-swiped her said she was at fault but she will not call her insurance company to give a statement (her insurer said that she has 30 days by law to respond). What if this lady does not call her insurance company? I reported the accident to them by law. Is she responsible for repairing my car or do I have to take her to small claims court?

Asked on July 5, 2013 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If she will not pay voluntarily (which includes not reporting it to her insurer; or if her insurer chooses to not pay), your recourse would be to sue her and prove in court that she was at fault in causing the accident; if you can do that, you will obtain a judgment against her which she or her insurer will have to pay.


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