What can we do to force other drivers insurance to pay for our car’s repairs since the other driver was clearly at fault?

UPDATED: Sep 30, 2022

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What can we do to force other drivers insurance to pay for our car’s repairs since the other driver was clearly at fault?

The other driver’s insurance co is only offering 50 to fix our car. The other
driver was cited twice at the scene for causing crash and for leaving scene. The
other driver cut diagonally across a heavily traveled road from a parking lot to
a side street striking our car. We had just made the left from the side street
onto the main road. The other driver was in a rush and clearly distracted since
her basement was flooding so much so that she left the scene after hitting us.

Asked on June 20, 2016 under Accident Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The only way to get more compensation would be to sue the at-fault driver (you sue the driver, who caused the accident, not her insurer, since her insurer is *her* insurer, not yours, and has a contractual obligation to her only, not to you) for the money. You would sue for the full amount of your damages (e.g. the full reasonable cost to fix your car); if you can prove in court that she was at fault (such as by using your testimony, other witness testimony, the police report(s) and citation(s), and likely police officer testimony, too--you'd have to subpoena the offiicer[s] to appear) and prove the cost to repair, you can potentially get a judgment for the full repair cost (and also possibly other out-of-pocket costs, like towing, or renting a replacement car short term while your car is being fixed). If you get a judgment in your favor, the other driver and/or her insurer will have to pay you.

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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