What should I do if the owner of a carat fault for an accident won’t pay for the damaged caused to my truck?

UPDATED: Jan 24, 2011

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What should I do if the owner of a carat fault for an accident won’t pay for the damaged caused to my truck?

My truck was hit and pushed into another auto. I was not in the vehicle but had witnesses and got a report. The man responsible owns a used car dealership and his employee was the driver. He said that he would pay for the vehicles himself because he didn’t want to make a claim on his insurance. He is taking care of the other auto, but I can’t get him to do anything. My auto is paid for and it caused approximately $7000 in damage. I have had to borrow an auto from my parents so I can have a way to transport my kids. This accident happened about a month ago.

Asked on January 24, 2011 under Accident Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You can:

1) Submit a claim to your own insurer if you have appropriate (i.e. collision) insurance, which is the  fastest, surest way to get paid.

2) You can submit a claim to the car dealer's insurance, if you know who they are.

3) If you can't submit a claim to the car dealer's insurance or they won't pay, you can sue for the damages to your car, as well as for other costs (e.g. towing; if you took taxis or rented a car), etc.

So you do have options, but assuming that you don't have insurance that applies and that neither the man nor his insurer will voluntarily pay, your principal option is to bring a lawsuit. For a suit of this size, you should contact an attorney rather than try to bring it yourself.

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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