Some one rear ended me and that person insurance wont pay

I got rear ended and the other
person insurance denied the claim
and now that in asking for the
person to do payment plans or go
to civil court their saying that
their car has problems . am I
legally responsible. For his car if
he hit me?

Asked on November 28, 2018 under Accident Law, California

Answers:

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

Answered 1 year ago | Contributor

Since you were not at fault in the accident, you are not liable for the damage to the car that rear-ended you.
Since your claim against the at-fault party's insurance carrier was denied, your only recourse is to sue the at-fault party for negligence.  Your damages (monetary compensation you are seeking in your lawsuit) would be the property damage (cost of repairs to your car).  
I assume you were not injured since you didn't mention it.  If you were injured, your personal injury claim is separate from your property damage claim. 
If you were not injured and your claim is property damage only, depending on the cost of repairs to your car you may be able to file your lawsuit for negligence in small claims court.  Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.  You can enforce the monetary judgment with a wage garnishment against the party you are suing.


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