I was hit in my vehicle . What can I do to get them to pay for the damages caused? by them?

UPDATED: Sep 30, 2022

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I was hit in my vehicle . What can I do to get them to pay for the damages caused? by them?

I was pulling into a Firestone dealer to get my tires checked and I was hit by an
employee backing out a customers car. My claim was denied and was told to go
thru my insurance company for my claim. I called my insurance and they said this
claim would go against me, so my thoughts are why would I go thru my insurance if
it was their fault I had a co-worker friend in the car with me and neither one of
us got hurt. All I want is for them to take responsibility and pay to get both
doors fixed since the damage was partially on the back end of the front door and
the front of my back door. So now I can’t open my back door without opening the
front door first.

Please help

Asked on November 4, 2016 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If they won't voluntarily compensate you, the only way to make them pay would be sue them. If they were at fault, as seems to be the case from what you write, based on their employee's carelessness, then you should have a good chance of winning. If the cost to repair is less than the limit for small claims court, suing in small claims, as your own attorney ("pro se") is an excellent option, since that minimizes costs (and small claims is faster than other courts).

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 AttorneyPages.com 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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