Can I file a small claims suit againgst the other driver for the 15, then afterwards accept the 85 responsibilty offer from his insurance company

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Can I file a small claims suit againgst the other driver for the 15, then afterwards accept the 85 responsibilty offer from his insurance company

I live in Ohio. My daughter was driving my van when a man pulled out of his driveway and struck my van. He was cited. His insurance company wants to total my van but only wants to accept 85 of the responsibility 3400. I do not have collision coverage.

Asked on August 23, 2018 under Accident Law, Ohio

Answers:

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

Answered 3 years ago | Contributor

Since you are dissatisfied with the settlement offer, your recourse is to reject the settlement offer and sue the at-fault party for negligence. You can file your lawsuit 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 a monetary court judgment with a wage garnishment.


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