What should I do if the owner of a carat fault for an accident won’t pay for the damaged caused to my truck?

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What should I do if the owner of a carat fault for an accident won’t pay for the damaged caused to my truck?

My truck was hit and pushed into another auto. I was not in the vehicle but had witnesses and got a report. The man responsible owns a used car dealership and his employee was the driver. He said that he would pay for the vehicles himself because he didn’t want to make a claim on his insurance. He is taking care of the other auto, but I can’t get him to do anything. My auto is paid for and it caused approximately $7000 in damage. I have had to borrow an auto from my parents so I can have a way to transport my kids. This accident happened about a month ago.

Asked on January 24, 2011 under Accident Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can:

1) Submit a claim to your own insurer if you have appropriate (i.e. collision) insurance, which is the  fastest, surest way to get paid.

2) You can submit a claim to the car dealer's insurance, if you know who they are.

3) If you can't submit a claim to the car dealer's insurance or they won't pay, you can sue for the damages to your car, as well as for other costs (e.g. towing; if you took taxis or rented a car), etc.

So you do have options, but assuming that you don't have insurance that applies and that neither the man nor his insurer will voluntarily pay, your principal option is to bring a lawsuit. For a suit of this size, you should contact an attorney rather than try to bring it yourself.


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