If a car made an illegal right turn and hit me taking my bumper off, what legal actions can I take to get my car fixed?

He lied stating the insurance company there was a disabled car in my lane making me have to go in his lane but pictures afterward are evident there was not. His insurance company also admitted to me he told them he was in a hurry/rush and didn’t even have to go that way but yet they still declared both us drivers are at fault which is not correct.

Asked on August 30, 2015 under Accident Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If he or his insurer will not voluntarily pay you whether because he is lying about fault or otherwise, your recourse is to sue him for your damages if you sue him and win, he or his insurer will have to pay you. To win, you'd have to prove in court by a "preponderance of the evidence" that is, that it is more likely than not that he was driving negligently or carelessly when he hit you you can use your own testimony to try to prove this--he, of course, can testify to the contrary, and the court wll decide who is more credible or believable. For repair costs or property damage which would be equal to or less than the maximum limit for your state's small claims court, a good option is to sue in small claims, acting as your own attorney "pro se" to save on legal costs.


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