Insurance said they were at fault, but they are denying repairs? They State it’s normal wear n tear?

I was hit in the freeway by a guy who states
his foot got stuck on the gas. The person who
hit me his insurance stated that they were at
fault but they said that the damage to my rack
and pinion was normal wear n tear. The shop
where I took my vehicle states that the damage
was from the collision. How do I fight this??

Asked on September 15, 2017 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You fight it by suing the at-fault driver (you sue the driver, not the insurer). In the lawsuit, if you can prove not just the other driver's fault but also that the damage resulted from the accident (to do this, you would need your mechanic--the one who said the damage was from the collision--to testify in court; you would likely have to pay him for his time to do so, since "expert" witnesses have a right to compensation for testifying), you can get a court judgment or order requiring the at-fault driver to pay. If you do, at that point, he and/or his insurer should pay for your repairs.


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