What to do if my car was hit 8 days ago but only received minor damage?

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What to do if my car was hit 8 days ago but only received minor damage?

Tat fault driver seemed cooperative and offered money but much less than estimate I’ve got day late after receiving an estimate. He said that he had called his insurer. How can I force him to be more responsible?

Asked on April 22, 2014 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The only way to "force" someone to pay more than they are willing to pay is to sue them and win, proving in court both that the accident was their fault (e.g. they were driving negligently, or carelessly) and also the value of the property destroyed or the cost to repair that property (your car) if it is repairable. Of course, suing has its own costs (even if you act as your own attorney, you may need a body shop employee or mechanic to come in and testify about the damage and repair, and may need to pay them for their time); takes time; and is never certain--it may be worth accepting less than you think you could get, to avoid a lawsuit.


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