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?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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