Was involved in an accident that was not my fault, other party is 100 at fault, my vehicle has been damaged significantly.

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Was involved in an accident that was not my fault, other party is 100 at fault, my vehicle has been damaged significantly.

Was involved in an accident that was not my fault, other party is 100 at fault, my vehicle has been damaged significantly. I have an injury lawyer but they do not handle the actual property damage to my vehicle. My vehicle was in excellent condition prior to the accident now damaged to the point where it is unsafe to drive. The repairs to address the damages are 2000 Progressive has refused to fix any of the mechanical issues instead they just performed shoddy incomplete cosmetic repairs yet the serious underlying damages have never been repaired. What is the best course of action to take in order to hold Progressive or the Driver of the vehicle that caused the accident responsible? To this point we have already filed complaint with Progressive and the BBB and nothing has come of it but complete denials. I have all service records that have been performed regularly. After the accident the vehicle is pulling/vibrating all over the road and the damages to the suspension are so bad an alignment can not be performed. Progressive claimed to fully inspect the entire vehicle for damages yet they returned it to us with a completely destroyed spare tire and wheel underneath the vehicle.

Asked on March 10, 2017 under Accident Law, Alaska

Answers:

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

Answered 4 years ago | Contributor

Your only recourse is to sue the at-fault driver for negligence.  The property damage claim is separate from your personal injury claim.
Your damages (amount of monetary compensation you are seeking in your lawsuit for negligence) would be the cost of repairs to your car.  Since you mentioned the amount is $2000, you can file your lawsuit in small claims court.
Upon prevailing in small claims court, you can also recover court costs which include the court filing fee and process server fee.
You can enforce the court judgment against the at-fault party with a wage garnishment.

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

Answered 4 years ago | Contributor

Your only recourse is to sue the at-fault driver for negligence.  The property damage claim is separate from your personal injury claim.
Your damages (amount of monetary compensation you are seeking in your lawsuit for negligence) would be the cost of repairs to your car.  Since you mentioned the amount is $2000, you can file your lawsuit in small claims court.
Upon prevailing in small claims court, you can also recover court costs which include the court filing fee and process server fee.
You can enforce the court judgment against the at-fault party with a wage garnishment.


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