If there was property damage from an auto accident and the other driver refuses to admit fault, how do I proceed?

UPDATED: Sep 20, 2011

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If there was property damage from an auto accident and the other driver refuses to admit fault, how do I proceed?

I had a car accident on parking lot in which another driver (a minor) rounded the inside of a curve too fast, veered to my side and and hit my car (I saw her coming, slowed to standstill). The car had $2,500 of damages from mechanical and body work. No injuries. No witnesses, no report, agreed to use insurance. My claim was denied because she lied, refusing to admit fault. I only have mechanics statement indicating damages and nature of impact, and also pictures of damages along with diagrams. Can I take a minor to small claims? Do I have a chance to recover damages from small claims with what I have?

Asked on September 20, 2011 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) You can always sue the other driver, if you believe they are at fault; the fact that the insurer may have concluded that their driver was not at fault means nothing--that is not a legal determination. (It just means they've decided not to pay you voluntarily, without you having to sue). If you sue the other driver, they and/or their insurer will have to defend and you will have the chance to present you case.

2) You can bring your case in small claims court, as long as you are seeking an amount equal to or less than the court's threshold or jurisdictional limit.

3) You certainly have a chance to recover money; whether you will or will not will depend on how persuasive your evidence and testimony is, compared to any evidence and testimony put in by the other side.

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