What to do if the at-fault driver’s insurance policy has a liability damage of $10,000 and the repair of my car is going to be over tht limit?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if the at-fault driver’s insurance policy has a liability damage of $10,000 and the repair of my car is going to be over tht limit?
I am absorbing the rental cost and my insurance company is doing the repair. The at fault driver insurance company will only pro-rate $10000 max limit. Can I go after the at fault driver for car rental reimbursement at small claims court?
Asked on February 14, 2013 under Accident Law, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You can sue the at-fault party for negligence. Your damages (the amount of compensation you are seeking in your lawsuit for negligence) would be the cost of repairs to your car and your rental car expense.
The maximum amount in Small Claims Court varies from state to state. If your damages exceed the jurisdiction (maximum for which you can sue) of Small Claims Court, you will need to file your lawsuit in a higher court in your state.
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.