What to do if I got rear-ended at a traffic light and now after I filed the claim with the other driver’s insurer they don’t want to pay for the costs of my car repair?

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What to do if I got rear-ended at a traffic light and now after I filed the claim with the other driver’s insurer they don’t want to pay for the costs of my car repair?

What can I do to get this solved?

Asked on January 31, 2013 under Accident Law, Arizona

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 11 years ago | Contributor

If the other driving is 100% at fault, had valid insurance at the time, and the at-fault driver's insurance company does not want to pay for vehicle repairs, you can sue the at-fault driving in Magistrate Court as long as the total amount of the lawsuit does not exceed $15,000.00 (including the court costs).  If the other driver received a citation, make sure you contact the prosecuting attorney to stay on top of the court proceedings on that citation.  If the other driver pleads not guilty, goes to trial and you don't appear, then his/her case will be dismissed for "want of prosecution".  Accordingly, to strengthen your civil case, make sure you follow through on the traffic citation matter.  Feel free to contact my office if you have any further questions or would like legal representation on this matter.


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