What to do if I rear-ended another vehicle and received notice of a small claims hearing because the other driver is not satisfied with my insurer’s offer?

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What to do if I rear-ended another vehicle and received notice of a small claims hearing because the other driver is not satisfied with my insurer’s offer?

They are seeking $2,500 for damages and car rental.

Asked on January 19, 2015 under Accident Law, Massachusetts

Answers:

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

Answered 6 years ago | Contributor

Refer the matter to your auto insurance company.

If your insurance company declines to assist you with representation since it is a Small Claims case, ask the insurance company to provide you with documents and factual arguments that the plaintiff's claims for $2500 and a car rental are exorbitant and unjustified.  Use those arguments and supporting documents in your defense at the Small Claims hearing.

The notice of the hearing probably included information on filing an answer to the complaint (lawsuit).  Don't miss the deadline for filing the answer or you will lose when a default is entered against you.  The Small Claims Court advisor can assist you with filing an answer to the complaint.  Attach any supporting documents to your answer.

 


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