In my auto accident, the insurance co took responsibility but I was never given the check. I’d like my check, how do I get it?

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In my auto accident, the insurance co took responsibility but I was never given the check. I’d like my check, how do I get it?

This was a fender bender in a parking lot. The women in front of me back into my car at a hospital not realizing I was there. I tried to hit my horn but by the time I got my hands on it she had already hit me. This was fall of 2012.I have 3 estimates showing anywhere from 2500 – 3000 worth of damage. I still have the car, it does run.The insurance company said that because I could not hit the horn fast enough some of the responsibility of the accident is mine. They said they would give me 650 approx for my repairs. I said that was not enough.To date, I have received no reparations from Allstate at all, almost 4 years later. I was taking care of my ill and elderly Mother and this issue could not be dealt with fully while I was doing that. What options do I now have to get a reasonable reparation from Allstate?

Asked on July 2, 2016 under Accident Law, Colorado

Answers:

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

Answered 4 years ago | Contributor

If the statute of limitations has NOT expired, your only recourse is to sue the at-fault driver for negligence.
You may be able to file your lawsuit in Small Claims Court.  Your damages (monetary compensation you are seeking in your lawsuit) would be the property damage (cost of repairs to your car) and court costs.  Court costs would include the court filing fee and process server fee.
If the statute of limitations has expired, you have lost your rights forever in the matter.


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