What to do if the at-fault driver’s insurance policy has a liability damage of $10,000 and the repair of my car is going to be over tht limit?

I am absorbing the rental cost and my insurance company is doing the repair. The at fault driver insurance company will only pro-rate $10000 max limit. Can I go after the at fault driver for car rental reimbursement at small claims court?

Asked on February 14, 2013 under Accident Law, New York


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

Answered 7 years ago | Contributor

You can sue the at-fault party for negligence.  Your damages (the amount of compensation you are seeking in your lawsuit for negligence) would be the cost of repairs to your car and your rental car expense. 

The maximum amount in Small Claims Court varies from state to state.  If your damages exceed the jurisdiction (maximum for which you can sue) of Small Claims Court, you will need to file your lawsuit in a higher court in your state.

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