How canI get an insurer to pay for the damages to my car caused by their insured?

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How canI get an insurer to pay for the damages to my car caused by their insured?

I was hit by a driver and it was in no way my fault, however they accused me of not having my lights on. But they were given the ticket. They went to court to protest their ticket but ended up having to pay it. Now their insurance company is refusing to pay to fix my car and is suing my insurance for the other person’s damage. What can I do to get my car fixed and not have to pay anything since it is not my fault?

Asked on March 21, 2011 under Accident Law, Florida

Answers:

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

Answered 11 years ago | Contributor

If this situation is not resolved between your insurance carrier and the other driver's insurance carrier to your satisfaction, you might consider suing the other driver for negligence.  Your damages (the amount you are seeking to recover in your lawsuit) would be the cost of repairs to your vehicle.  You will need to mitigate (minimize) damages by using a repair shop whose charges are comparable to other repairs shops in your area.  If you were to select the most expensive repair shop you could find, your damages would be reduced accordingly.

In your lawsuit, you should use the police report as evidence that the other driver was at fault.


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