Out of pocket rental car payment

Should I go to small claims court to get compensated for an out of pocket rental
car?The accident was not my fault and yet, I am out 1700.00 for a rental car.My
insurance has paid 600.00 for the first and only week.

Asked on April 12, 2017 under Accident Law, Washington

Answers:

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

Answered 3 years ago | Contributor

Since the at-fault party has not responded, your only recourse is to sue the at-fault party for negligence and seek to recover your rental car expense in small claims court. Your lawsuit is for negligence because the other party was at fault in the accident and that party's negligence is what caused you to incur the rental car expense.
After prevailing in the case, you can enforce the judgment with a wage garnishment.
In addition to the rental car expense, upon prevailing in the case, you can recover court costs which include the court filing fee and process server fee.


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