How do I go about suing a person for damages to my car if I already mistakingly filed a claim with my insurance company and the accident wasn’t my fault?

The damages are $861; my insurance paid $361.

Asked on July 14, 2014 under Accident Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the other person was at fault (it's not enough that you were not at fault; they must have actually been at fault, such as by driving carelessly), you may sue them for any amounts not already paid or reimbursed to you. If repairs cost $861, for example, and you received $361, you could sue for $500, such as in small claims court.


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