How can I make the driver who hit my car and who is considered to be at fault by his insurer to pay for the damages?

UPDATED: Sep 30, 2022

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How can I make the driver who hit my car and who is considered to be at fault by his insurer to pay for the damages?

The guy hit my car’s right side passenger door when he was backing up from a parking space in my community complex. He was very apologetic and admitted his fault. He asked not to involve the police, gave me his information, and went the next day with my husband to his friend who works in a body shop. After hearing the price of the repairs, he started to talk about it being partially my fault and claim that my door might have been not in perfect condition before. His insurance refuses to pay because he was delivering pizza at that time, and my insurance didn’t have any success yet in contacting his work in order to find out about their

coverage. He is not picking up his phone anymore. What can I do to make him pay for the damages? I have pictures of the accident.

Asked on April 23, 2016 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue him: that is how you make someone who damaged your property (such as your car) pay when he won't do so voluntarily: you sue him, and if you can prove that he was at fault in court by a "preponderance of the evidence" (or that it is "more likely than not") that he was at fault, you can get a judgment in your favor requiring him to pay. If was working at the time, you should sue his employer as well as him: the employer may be liable under the theory of "respondeat superior" for the employee's negligent (careless) during-work conduct, and by suing more persons or businesses, you increase your chance of collecting money. If the cost of the damage is equal to or less than the limit for small claims court, suing in small claims as your own attorney ("pro se") to avoid legal costs is a good idea.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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