What to do if a driver swerved into my lane during a snow storm yesterday?

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What to do if a driver swerved into my lane during a snow storm yesterday?

It was very slick to i could stop my car from hitting her. She has no insurance so I agreed to settle without police. I am asking her to pay my $500 deductible.She got legal advice and is now calling my insurance to tell “her side of the story”. It was without a doubt her fault, so what do I do to get my money from her?

Asked on February 21, 2013 under Accident Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You would sue her--the only way to get money from someone who will not voluntarily pay is to bring and win a lawsuit.  (For smaller amounts, like $500, acting as your own attorney in small claims court is a good option.) You would need to prove that she was at fault (e.g. driving carelessly) in causing the accident; you were not also at fault; and the extent or amount/cost of damage.


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