Can I sue for the difference in small claims court?
Question Details: the other party's insurance company has informed me that after their investigation that they will ony pay 70/30 percent of the damages that occured to my car. The other person made a left turn in front of me. she was given a moving citation from the sheriff deputy. I did everything to avoid the impact but the road was wet. Somehow it's 30% my fault in this... please advise. Thank you.
Auto Accidents Law Answers
You certainly can sue, but accept that it's not a given that you will win--it may be decided that you are somewhat at fault (e.g. maybe, if the road was wet, you should have been driving more slowly). Bearing in mind that even small claims court has a filing cost and takes some time and that winning is not assured, it probably is a good rule of thumb that only if the amount you would sue for it at least 3 4 times the cost to you (filing, and any lost hours at work) to bring the suit is it worthwhile.
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