What to do if someone hit my car in a small auto accident but their insurer denied my claim because the other party refused to cooperate?

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What to do if someone hit my car in a small auto accident but their insurer denied my claim because the other party refused to cooperate?

Should I take this to small claims court?

Asked on February 18, 2014 under Accident Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you believe the other driver was at fault in causing the accident, there is no reason to not bring this to small claims court, acting as your own attorney: the cost is very low (generally a $25 - $50 filing fee, plus your own time) and as long as it's not "frivolous" (think "riduculous") case, there are no sanctions for bringing it, even if you lose. You'll need to prove the other side was at fault, such as through witness (including your own) testimony and police reports, and also prove the extent and cost of damage.


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