Should I sue or wait if I got into a car accident over a month ago but my car still isn’t fixed?

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Should I sue or wait if I got into a car accident over a month ago but my car still isn’t fixed?

The guy who hit my car was driving someone else’s car and listed

the owner’s insurance on the police report. The insurance will not pay the claim if the driver has his own insurance. They have been trying to contact him but he has been avoiding all calls and voicemails. Should I keep waiting on insurance or settle it out in small claims court?

Asked on November 21, 2016 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

At this point, file a small claims case against him--that will get his attention, and he can't simply ignore it the way he can ignore phone calls (or rather: he can ignore it, but then he loses by default, you get a judgment against him, and could then [if necessary] proceed to  collections against him). And filing the suit doesn't mean you can't settle--it can still be settled before or even at court.


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