What is my recourse regarding a traffic accident in which the at-fault driver was not adequately insured?

UPDATED: Sep 30, 2022

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What is my recourse regarding a traffic accident in which the at-fault driver was not adequately insured?

Brand new 4 wheel drive SUV has only 2000 miles on it, meaning it has hardly been driven. My insurer wants to pay cosmetic damages but no assessment of the back wheel was made (vehicle is 4 wheel drive) nor was the frame of vehicle checked. Plus, this accident causes my car to have considerable less resell value.

Asked on November 28, 2016 under Accident Law, Maryland


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

Answered 6 years ago | Contributor

Since the settlement offer is unacceptable, your only recourse is to sue the at-fault party for negligence.
Your damages (monetary compensation you are seeking in  your lawsuit) would be the property damage (cost of repairs) to your vehicle including assessment of the back wheel and inspection of the frame.
After prevailing in the case, you can enforce the judgment against the at-fault party with a wage garnishment.

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