Can I file a lawsuit against the other driver in a recent car accident that I had to try to get reimbursement from for my wrecked car?

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Can I file a lawsuit against the other driver in a recent car accident that I had to try to get reimbursement from for my wrecked car?

Neither mine or her insurance has collision coverage so I can’t expect anything back from either one of our insurance.can I take her to small claims court?

Asked on June 25, 2015 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If she was at-fault in causing the accident, you may be able to recover money from her in a lawsuit. (You can sue at-fault drivers.) In car accidents, being at fault generally means driving negligently or carelessly: speeding; following too closely; going through stop lights or signs; texting while driving; driving too fast for conditions; etc. Liability, or the obligation to pay for damages, depends on fault, so only if she was at fault could you reasonably expect to recover compenation. Indeed, if you were at fault, she could sue you.


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