What to do when an insured driver refuses to pay?
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What to do when an insured driver refuses to pay?
I was rear-ended late last month. I didn’t call the cops, even though I wasn’t at fault. The driver swore to pay damages which include a brand new bumper. I took pictures of the damage and got proof of his insurance and address. Now the driver says expenses are too much, so he refuses to pay or answer any of my calls or texts. With the proof I have, is it enough to take the driver to court or is there anything?
else I can do to get this man to pay for the damage he made to my car?
Asked on November 21, 2017 under Accident Law, Connecticut
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You should file a property damage claim for the cost of repairs to your car with the at-fault party's insurance carrier.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your car. Depending on the amount of your damages, you may be able to 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 a court judgment in your favor with a wage garnishment against the at-fault party.
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