What to do if a car pulled out of a driveway onto a 4 lane divided street, drove through 2 lanes of cars that were stopped at a red light and hit me?

I was in turning lane proceeding to make a left hand turn and they hit my rear tire passenger side with the front of their car. The police officer said it was their fault, our insurance company said it was their fault but they deny responsability so our insurance will not go after their insurance company so we have to pay our deductible. What can I do, small claims court?

Asked on January 23, 2013 under Accident Law, Illinois

Answers:

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

Answered 7 years ago | Contributor

The police report is controlling, and the other driver is clearly at fault in a rear-end collision.

If the case is not settled with the other driver's insurance carrier, you can sue the at-fault party for negligence.  Your damages (the amount of monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your car including the deductible.  I assume that you were not injured since you did not mention it.  If you were injured, your personal injury claim is separate from your property damage claim.

Assuming that you were not injured, depending on the amount of property damage to your car, you may be able to file your lawsuit for negligence against the other driver in Small Claims Court.  Your damages should also include court costs which would include the court filing fee and process server fee.


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