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Looking for some advice.
I live in Maine. A few months back, I was fully stopped behind a line of traffic backed up due to construction. A car screamed around the corner and struck my car and messed up the back bumper. The person claimed to have insurance. I have insurance. No bodily injury to anyone in either car. The bumper however has around $1500-$2000 worth of damage. It turns out his insurance expired a month prior to the event. My insurance is stalling incredibly hard in trying to resolve anything. Have contacted them weekly for the last about 3 months with no idea what is going on. Have still been paying for insurance too. Not satisfied. Both insurance companies his and mine though did say we were not at fault. Someone from the dealership mentioned suing the other driver for damages to get it fixed since insurance is being ridiculous. I’m wondering what costs might there be, and would I need a lawyer. If its more than it’s worth the $1500, etc. then obviously i’ll see if there is something else I can do.
Asked on December 11, 2016 under Accident Law, Maine
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you have uninsured motorist coverage, you can file an uninsured motorist claim through your insurance company for your property damage (cost of repairs to your car).
If you don't have uninsured motorist coverage, your only recourse is to sue the at-fault party for negligence. You can file your lawsuit in small claims court where there aren't any attorneys. Upon prevailing in the case, you can recover the cost of repairs to your vehicle plus court costs. Court costs include the court filing fee and process server fee.
You can enforce the court judgment against the at-fault party with a wage garnishment.
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