If I was not at fault for an accident, do I need to except the first settlement offer from the other driver’s auto insurer?

It happened in a high school parking i had the right-away and the other driver didn’t yield. There is video surveillance footage showing that the other driver was at fault but their insurer is only offering me $70 for the damages and also said that I can’t get reimbursed for my lost wages. What can I do to get my car fixed and paid for my wages?

Asked on May 21, 2016 under Accident Law, Utah

Answers:

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

Answered 4 years ago | Contributor

You don't need to accept any settlement offer from the at-fault party's insurance carrier.
You can either continue negotiating or if negotiations are futile  or you are dissatisfied with settlement offers, your only recourse is to reject the settlement offers and file a lawsuit for negligence against the at-fault party. 
Your damages (monetary compensation you are seeking in your lawsuit) would include the property damage to your car (cost of repairs) and documentation of wage loss. 
Depending on the amount of damages you are seeking to recover, you may be able to file your lawsuit in Small Claims Court.  Your damages should also include court costs which would include the court filing fee and process server fee.  You can enforce the court judgment you obtain with a wage garnishment against the opposing party.


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