My vehicle was rear ended while I was stopped at a red light now the Insurance company does not want to pay for repairs?

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My vehicle was rear ended while I was stopped at a red light now the Insurance company does not want to pay for repairs?

My vehicle was rear ended while I was stopped at a red light now the Insurance company does not want to pay for the complete repairs to my vehicle. What are my options for getting them to pay for the complete repairs. The other party is at 100 at fault, have police report to prove as well. Can I sue the insurance company or the individual? Can the lawyer/legal fees also be part of the sue?

Asked on January 17, 2017 under Accident Law, New Jersey

Answers:

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

Answered 4 years ago | Contributor

You can sue the at-fault party for negligence.  Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your vehicle.  If you prevail in the case, you can recover attorney's fees.
If the opposing insurance company is acting in bad faith, you can sue that company on a bad faith claim.  Prior to doing that, it would be advisable to contact the insurance commissioner in your state and file a complaint against the at-fault party's insurance company.


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