What to do if I was in a car accident but the at-fault driver’s insurer wil not cover all of my damages?

I was in a car accident, the person who hit me was at fault. Her insurance company also agreed it was their clients fault. They are willing to pay for body damage to the car but not my transmission. The car was running fine before the party at fault hit me. Now the car will not go into gear. They say that some transmission/motor mounts were missing/damaged so they do not want to cover any repair to the transmission. The shop says the transmission was damaged due to the accident documented by an authorized mechanic. Do I have a case against the party that hit me?

Asked on September 19, 2012 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The other party's insurer cannot arbitrarily decide what compensation a person injured or damaged by its insured is entitled to. It can offer to pay a certain amount, of course; but if you feel that you are entitled to more, you could decline that offer and sue the at-fault driver for the full amount to which you believe you are entitled. You would have to prove in court, by a preponderance of the evidence (that is, that it is more likely than not) that the other person was at fault and caused the damage or costs which you are trying to recover.

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