car accident but was other driver’s fault but their insurance company will not cover your car.

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car accident but was other driver’s fault but their insurance company will not cover your car.

Asked on June 19, 2009 under Accident Law, North Carolina

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am a lawyer in CT and practice in this area.  If you did not suffer any injuries and the damages to the car are under the small claims amount, you should file a small claims action against the driver. The driver will not want to pay and will try to get his insurance company to pay.  The small claims process is simple and you wont have to have a lawyer there.  Just introduce the police report finding the other driver at fault and get a judgment against the driver.  If you are not paid, you can take the other driver's wages at work - there is a legal mechanism for that if you are not paid.


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