If a valet backed into my car last year, how can I make them pay?

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If a valet backed into my car last year, how can I make them pay?

They admitted fault but have since refused to fix my car unless I take my car to a friend of theirs. My insurance company said they will fix my car, but I would have to pay the deductible. I asked would I get my money back and they said most likely not, the damage is around $1000 and its not worth persuing. I am not ok with this and want to take my car to get fixed.

Asked on February 6, 2014 under Accident Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You could let the insurer fix your car then sue the valet--both the individual valet personally, as well as his/her employer--for any unreimbursed out-of-pocket losses, such as your deductible. For $1,000 or so, you'd be best off acting as your own attorney and filing the matter in small claims court. You would need to prove, whether by testimony, correspondence (including emails and text messages), police reports, etc. that the valet did the damage, its extent, and the amount by which you are out-of-pocket.


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