Why am I being expected to pay for damages to my car when not at fault?
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Why am I being expected to pay for damages to my car when not at fault?
I was involved in a four car traffic accident. I was car 3. The person driving car 1 was definitely determined as at fault and was cited by the police. Now my insurance company is telling me since he only had 5000 liability, that 5000 is going to have to be split up among all cars involved and I’m only going to get a percentage. Damages to my car are 3800. what options do I have?
Asked on April 21, 2017 under Accident Law, Pennsylvania
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Your recourse is to reject the settlement offer and sue the at-fault party for negligence.
Your damages (the amount of compensation you are seeking in your lawsuit) would be the property damage (cost of repairs) to your car.
You may be able to file your lawsuit in small claims court. Upon prevailing in the case, in addition to compensation for the property damage to your car, you can recover court costs which include the court filing fee and process server fee.
You can enforce a court judgment with a wage garnishment against the defendant ( party you are suing).
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