What can I do about my car after the other person’s insurer totaled it?

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What can I do about my car after the other person’s insurer totaled it?

I was in a car accident in December of last year. I was in the middle turning lane to turn into Wal-Mart. The lady was making a left turn and did not look to insure the turning lane was clear and she slammed into my front passenger side. I was given a ticket for illegal use of a turning lane went to court and the officer did not turn my ticket in so it was dropped. Her ticket was for failure to yield for left turn her

ticket was not dropped. Her insurance company won’t talk to us because they claim it was 50/50. Should I file a small claims case against her. That was our only car and my husband’s brother is letting us use one of his work vehicle.

Asked on April 7, 2017 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The only way to get compensation (unless you have your own collision insurance and can put in a claim under it) is to sue the other driver and prove in court that he or she was more than 50% responsible for the accident. If you can do that, you can get a judgment (court order) for the other side to pay your "damages" (e.g. the then-current fair market or blue book value of your car), reduced proportionately by your share of the fault. But if the court concludes you were 50% or more at fault, you will get nothing.


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