Wife was rear ended by an off duty police officer in his own personal car. She exchanged insurance info, but he’s no longer replying to our attempts to contact him. Can we sue him to get the repairs paid for?

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Wife was rear ended by an off duty police officer in his own personal car. She exchanged insurance info, but he’s no longer replying to our attempts to contact him. Can we sue him to get the repairs paid for?

Six weeks ago, my wife got rear-ended by an off duty police officer. After taking our car to multiple repair centers all of which he requested we went to and receiving multiple quotes he did not like, the officer is no longer returning our phone calls or text.

We have his insurance provider and policy number. Should we just report this to them or take the officer to court?

I’ve looked into the immunity laws that are in place to protect government employees federal, state, county and cityand not all of the terms apply that would save him from legal actions being taken.

Asked on June 2, 2016 under Accident Law, Tennessee

Answers:

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

Answered 8 years ago | Contributor

It would be advisable to contact the at-fault party's insurance company regarding the property damage (cost of repairs) to your wife's car.
If your wife is dissatisfied with settlement offers on the property damage or there are problems with the insurance company paying for the repairs, she should reject the settlement offers and file a lawsuit for negligence against the at-fault party.


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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