If my car was totaled when the other driver ran a red light and there is an independent witness to confirm this, what are my options if I want to file a lawsuit?

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If my car was totaled when the other driver ran a red light and there is an independent witness to confirm this, what are my options if I want to file a lawsuit?

Asked on February 20, 2015 under Accident Law, New York

Answers:

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

Answered 6 years ago | Contributor

If you reject the settlement amount offered by the at-fault party's insurance company, file a lawsuit for negligence against the at-fault party.

Your damages (the amount of compensation you are seeking in your lawsuit) would be the value of your car.

When you get a judgment against the at-fault party,you can enforce it with a wage garnishment.


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