Why am I being expected to pay for damages to my car when not at fault?

UPDATED: Sep 30, 2022

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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


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 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).

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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